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W. H. TalcottA Bro.

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Exchange Cor.,
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r H K

T T r\

v<^

RNA

Published under the Auspices of Vie Medico- Legal Society oj I^ew York.

foe/

CLARK BELL, Esq., Editor.

ASSOCIATE

LEGAL.

Hon. David Dudley Field. N.Y.
Judge Calvin E. Pratt, Brooklyn.
Austin Abbott, Esq., N. Y.
Hon. Wm. H. Arnoux, N. Y.
Richard B. Kimball, Esq., N. Y.
Judge C. G. Garrison, Camden, N.Y.
Appleton Morgan, Esq., N. Y.
Hon. Myer S. Isaacs, N. Y.
Z. S. Sampson, Esq.
Morritz ElUuger Esq., N. Y.
T. Gold Frost, Esq , Minn.

EDITORS,

MEDICAL.

Prof. R. O. Dorcmus, N. Y.
Thos. Stevenson, M.D., London.
Prof. John J, Reese, Philadelphia.
Alice Bennett, M.D., Nor'towu, Pa,
J. J. O'Dea, M. D.. Stapleton, N.Y.
Frederick Peterson, M. D., N. Y.
Ferd. C. Valentine, M. D., N. Y.
Charles F. Stillman, M. D., N. Y.
A.M.Fernandez, M.D., N. Y.
W. G. Stevenson, M. D.. Pough-

keepsie, N. Y.
Prof. Edward Pa3''son Thwing.

M.D., Brooklyn. N. Y.

VOL. VI.

NEW YORK.

MRDTCO LEGAL JOURNAL ASS0CL\T10N.

THE MEDICO-LEGAL JOURNAL

A Quarterly devoted to the Science of Medical Jurisprudence,

PUBLISHED UNDER THE AUSPICES OF THE MEDICO-LEGAL SOCIETY OF THJt

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SUICIDE AND LEGISLATION,

By CLARK BELL, Esq.,
President of the Medico-Legal Society of New York.

It is a question of moment, well worthy our serious
consideration, to consider what steps can be taken to
prevent death by suicide, or to decrease its volume ;
whether we view the movement as one to prevent the
commission of crime, regarding it, as our laws always
have done, as a criminal offense to take one's Ufe f or
to punish the offender for its commission.

Notwithstanding the philosophy and teachings of the
Stoics and ancient philosophers, there are few countries
or peoples who do not now regard suicide as a crime.

^^ Mori licet cut vivere non placet ^' was the motto of
the StoicSj who claimed that every man had the right to
dispose of himself as he pleased. Indeed, it was con-
tended in that philosophy that when the ills of life
became too great for endurance, or one became an object
of danger, disgust, dread, or to save from dishonor, it
was not only right, but duty, to take one's life.

The maxims of Montaigne were doubtless based on
similar considerations.

*Read at the Session of October 24, 1882.

f IV. Blackstone's Commentaries, chap. 14, p. 189, I. Hawk, P. C. 68.
L Hal., P. C.,413.

2 SUICIDE AND LEGISLATION.

"A voluntary death is the most beautiful." ^'Life
depends upon the will o.f others ; death upon our own." *

Amona; the Hindoos, Chinese, Japanese, and many
savage tribes of men, suicide has been justified under
certain conditions, and held up as a duty in others.

The death of Cato by his own hand was doubtless
from his determination not to owe his life to Caesar,
whose power he would thus recognize, which he had
not done before, f

The Cynics, as well as the Epicurean school of phil-
osophers, justified suicide. Diogenes, and many of his
illustrious disciples, died by their own hands.

The Epicureans taught that suicide was commendable,
and a duty under certain circumstances ; but in
ancient and modern times, the laws of most countries
have branded suicide as a crime, and frequently punished
it with great severity.

The Koman law punished the suicide with refusal of
honorable burial. $

Both Plato and Aristotle taught that punishment
should follow the suicide, and he was also punished by
confiscation of his goods in certain cases. § While in
Greece honors were refused the memory of the suicide,
his name was made infamous, and the body refused the
usual Grecian rites. || By the Canon law the suicide was

* " Essay Montaigne," vol. 2, chap b

f Plutarch. Caesar's Tusculan Disputations.

:j:Laws B., ix.

§ Dig de-re-Militari liv. iv., s. 7,

II Potter, Greek Antiquities, B. IV. C. 1.

SUICIDE AND LEGISLATION. 3

regarded as a criminal, forbiddin the prayers of the
Church, and punished with other severe penalties.^

In France, from the earhest times, and in the middle
ages, the influence of the Canon law was felt ui)on the
legislative statute to punish suicide. Prior to the abroga-
tion of these severe laws, in 1791, frightful penalties
were visited on the bodies of suicides, and their goods
were confiscated, f

In England, the Roman and Canon law both found
exponents in the early English statutes. Under King
Edgar, the suicide was refused Christian burial and his
goods confiscated, unless insane or grievously sick. This
statute is cited by Dr. O'Dea from the old Saxon law, in
his able work on suicide (page 183)

The old English custom, of burying the body at cross-
roads, pierced by a stake, was stopped by an Act of 4,
George IV. , c. 52, ordering their burial at night, between
the hours of 9 and 12 o'clock.

These early English laws are not all abrogated. Many
of them are still upon the statute books, but have fallen
into general disuse, and may be regarded as obsolete.

In the present age, by general concurrence, it may
be safely stated, that in all civilized countries suicide is
regarded as a crime, because it is an offense against the
laws regulating and ordering the general welfare of
society. It has been well said that ^'obedience to the

*Law 12, Can. 23, quoest 4.

t Huryart de Vouglorns, pp. 183, 185. Serpillon Tome, II. p. 960. Loy
sell 11 v., VI., Title II., regel 28.

4 SUICIDE AND LEGISLATION.

law is the highest duty of the citizen." Law is at the
foundation of society, without which there is no per-
manence or safety to the individual. The guarantee of
safety to citizens by society rests upon the law which
upholds and supports it. Protection of human life is the
corner-stone of all social organizations, and punishment
for homicide must, in the nature of things, rest inherent
in society under the laws regularly passed for the pro-
tection of the citizen. The suicide violates the social
system by taking a human life, and strikes at the
foundation upon which society rests. We cannot admit
the legal right of suicide without at the same time con-
senting to the destruction of the elementary principles
upon which society is based.

For the purposes of this discussion we must then
inquire :

1st. Is suicide, as a social evil, on the increase ? and

2d. What can be best done by society to diminish its
increase, either by legislation or otherwise ?

As to the first proposition : Is suicide upon the in-
crease ? From 1794 until 1804, the yearly average sui-
cides in Paris was stated by Brierre de Boismont at about
a hundred and seven. There seems to be no reliable data
prior to 1794, at which time the laws were changed. Dr.
O'Dea, in his valuable and careful work on suicide,
already quoted, slates, however, upon the authority of
M. de Foville, that during the period ending in 1837, and
commencing in 1 791, the proportion of suicides in France
lelative to the population had increased fifty per cent.,

SUICIDE AND LEGISLATION. 5

and that from 1837 to 1817 this proportion had further
advanced to the frightful extent of seventy-eight per
cent.

The total suicides in France for the forty-five years,
from 1831 to 1875, on the authority of M. Lacassagne, in
Precis de Medicine Judiciare, and of M. E. Maret, in his
work Du Suicide en France, were stated in the Medico -
Legal International Congress, at the session of August,
1878, in Paris, by M. le Docteur Jeannel, at 173,232, the
yearly average of which would be about 3,850. The
annual number from 1831 to 1835 was 3,317, which had
increased from 1871 to 1877 to the number of 6,107.

These statistics show, in France, a rapid and steady in-
crease since 1831 in the annual number of suicides.

M. Jeannel states that these statistics are loo low to
embrace the entire number, for the reason that many
suicides are never known to the public administration,
and cites Esquirol as an authority that in his time many
suicides were not known to the administration ; also
Brierre de Boismont, who insisted upon the impossibility
of obtaining complete or perfect statistics of suicides in
France at that period.

M. Lacassagne, who was present at the session of the
International Congress at the time, stated, that he
regarded the statistics presented by M. Jeannel as very
exact.

He conceded that there was constant yearly increase in
France in the number of suicides. He also stated that
Paris, probably of all the cities of the world, furnished

6 SUICIDE AND LEGISLATION.

the largest number in proportion to its population, and
that, while this was true of Paris, it was not true of that
part of France outside the larger cities. He stated that
suicides in France, in the country districts, were exceed-
ingly rare. It is more difficult to give reliable statistics
for England. Quetelet gave this subject attention from
the commencement of the present century, and came to
the conclusion that there was a remarkable uniformity
in the annual number of suicides, if considered in groups
of ten or twenty years, and that while it varied in ex-
ceptional years, the grouping of periods of ten or twenty
years was quite uniform. In London the annual suicides
about the year 1S50 ranged from 213 to 266, while the
average for groups of successive years was 240.

Dr. O'Dea in his work quotes Quetelet and states the
present annual rate in London at about 260, when esti-
mated in a succession of years.

All statistics and all experience show that exceptional
years and causes produce exceptional results.

EPIDEMICAL SUICIDE.

There is frequently an epidemic of suicides in a district.
Notably, the Egyptian epidemic, caused by Hegesias'
orations ; the Milesian ; the epidemic of Manifried, in
16Y9 ; Rouen, in 1806 ; St. Piermont Jean, in 1813 ;
Etampes, Lyons and Versailles, the latter of which, in
1793, numbered some 1,300 victims.

A great number of suicides were committed in June,
1697, at Hansfield.-^

* Sydenham Collection, vol. 2.

SUICIDE AND LEGISLATION. 7

It is well known that wherever a suicide is committed
by precipitation from a monument or height, it is fre-
quently followed by several others, as from Notre Dame,
Colonne Vendome or Colonne Bastile. *

Niagara Falls, in our country, is a parallel, though not

MALES— AGES.

^."2 5 lo 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90

123

116

98
95

65
61

34
33

nnn

Compiled from the U. S. Census of 1870.

*Bri«rre de Boismont, ouv-cit , p. 141.

SUICIDE AND LEGISLATION.

completely, as it is more difficult of access to the great
masses by reason of its distance from our large cities.
The pensioner who hung himself on one of the lanterns

FEMALES— AGES.

53 « 5 lo 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90

33
32

irinHHiiu

nHHHHHHHHHailBBB
(■■■■■■■■■■■IIHBSI

Compiled from the U. S. Census of 1870.

of the Hotel des Invalides in Paris, was followed within
a few weeks by twelve others, hung at the same place,
which was only stopped by removing the lantern.

In Cuba, the negroes committed suicide in large num-
bers, under a religious delusion, believing that they

AGES.

149

137
136

»35

13a

lie

5 10 15 30 25 30 35 40 45 50 55 60 65 70 75 80 85 90

83
81

Chaut I. — Suicides and Aj?8. Both J^exes. Compiled from tlie U. S. Census of 1870.

AGES.

Population .

Frequency )
of Suicide y

SUICIDE AND LEGISLATION.

would be restored to life at the end of three days. It
was only suppressed by the Governor- General ordering
the heads exposed in public for one month, their bodies
burned and their ashes publicly scattered to the winds.*

The foregoing tables show that- the largest number of
suicides occur between the ages of twenty-five and fifty-
five, f

O'Dea submits an interesting diagram or chart, com-
paring suicides at various ages with corresponding
totals of living persons.:}:

The following table, quoted by the same author, from
the Medico- Chirurgical Review, vol. 27, p. 211, shows
the proportion of suicides to the entire number of per-
sons at the different periods of life :

YEARS. SUICIDES. POPULATION.

10 to 15 12 50,000

16 " 20 38 71,000

21 " 25 63 73 000

26 " 30 67 70,000

31 " 40 107 117,000

41 '• 50 115 91,000

51 '* 60 85 74,000

61 " 70 41 51,000

71 " 80 14 20,000

81 " 90 2 4.000

From 1858 to 1864 the number of deaths were :

AGES. MALES. FEMALES.

All ages 6,754 ' 2,462

5 years 5 1

10 years 32 19

15 years 545 435

25 years 886 373

35 years 1,294 428

45 years 1,540 532

55 years 1,474 374

65 years 759 222

75 years 198 66

85 years 21 22

* Hevue de Paris, 19 Aoril, 1845.
t P. 140, O'Dea on Suicides.
X O'Dea on Suicides, p. 141.

SUICIDE AND LEGISLATION. 11

Average annual death Average annual death

rate of males to rate of females to

1858 to 1864. 1,000,000 living 1,000,000 living

at each age. at each age.

AQE8. MALK8. FEMALES.

All ages 98.4 34.1

5 years 0 1

10 years 4.3 2.6

15 years 46.6 32.8

25 years 90.7 33.5

35 years 166. 7 49. 1

45 years 249.1 85.0

55 years 362.3 92.0

65 years 374.5 81.8

75 years 261.1 70.0

85 years 238.4 87-2

From these tables Dr. O'Dea finds the following con-
clusions :

1. Suicides increase in number until extreme old age
(limited in England after seventy-five years .

2. The increase is in direct ratio to population until
the age of thirty, after which it continue^ in inverse
ratio to population until the allotted time of life.

3. The number of suicides is very small, both abso-
lutely and relatively, to population previous to the age
of fifteen.

SEX.

The influence of sex on suicide Dr. O'Dea shows by
similar charts based upon the census of 1870, which place
the maximum between the twentieth and fortieth year.
Women commit suicide earlier in life ; men, later. The
proportion of the sexes is in general three men to one
woman, except in England and Wales the ratio is two
to one, and in Denmark four to one. In large cities tlie
proportion is nearer equal. This author quotes two
tables computed from ''Lisle, du Suicide,^'' pp. 105, 106,

SUICIDE AND LEGISLATION.

which are interesting by way of comparison as to causes
of suicide in females, bearing upon the question of pro-
portion between the sexes;*

CAUSES OF SUICIDE.

Grief caused by loss of parents, etc

Grief caused by ingratitude of children. . .

Grief caused by departure of children

Grief caused by separation of family. , . . .

Forbidden love

Jealously between married couples and be

tween lovers

Grief at quitting master or a bouse

373

193

173

938

627

118

229

566

247

-\0

1,565

171
293

The difference between the sexes in indulgence of pro-
pensity or passion by the following table :

CAUSES.

MEN.

WOMEN.

TOTAL.

Gambling

Laziness

157

1,569

2,761

4
223
441

158

Debauchery

1,792

Drunkenness

3,202

Upon the question of suicides for the cause of

INSANITY,

the following table, computed from the census of 1870,
is made up by Dr. O'Dea :

STATES SHOWING THE LARGEST INSANITY RATES.

California . . . . ,

Maine

Massachusetts.

New Hampshire

Vermont

* O'Dea on Suicide, pp. 158, et seq.

Ratio to 100,000 population,
U. S. Census, 1870.

196 9
126.4
182.6
172.1

2181

SUICIDE AND LEGISLATION.

Being States showing the largest insanity rates, in
which Vermont leads.

The States showing the lesser rates are :

STATES.

Ratio to 100,000 population.
U. S. Census, 1870.

SUICIDES.

INSANK.

Delaware

2.399
1.182
3.154
2.063
1.517

52 0

Geoma

53 5

Indiana

89 4

Louisiana

Tennessee

62.0
73.5

A general table from the census of 1870 is given under
the head of Table of Suicide and Social Condition in the
United States. A close examination of these tables shows
no uniform rate or proportion between suicide and insan-
ity. The difference is inexplicable by any known law.

Connecticut, with a suicide rate of 3.907, has an insaii
ity rate of 143.05, while Rhode Island, with a suicide rate
of 2.760, has an insanity rate of 143.0.

Dr. O'Dea thinks that the causes which tend to in-
crease insanity also tend to increase suicide.

About 30 per cent, of insane are believed to be melan-
cholic*

Dr. John P. Gray thinks that about 35 per cent, of
melancholic insane develop suicidal tendencies, t

The relation in Europe of the proportion of insane to
the whole number of suicides is about one-third. J

*Penii. Hospital Reports for Insane, 1860 to 1870.

fSxiicide, Journal of Lisanity, July, 1878.

:}:Von Ettingen's Moral Statistics and Christian Manners.

SUICIDE AND LEGISLATION.

I am unable to find any American statistics on this
subject.

EDUCATION.

MM. Bronc and DeLisle, French writers, who have
given this subject careful study, unite in the opinion
that the diffusion of education and general intelligence
increase the rate of suicides in France. That depart-
ment of France which is first in intelligence (Depart-
ment du Nord) has the largest proportion of suicides. In
this department 50 per cent, of all the suicides of France

SUICIDES NUMEROUS.

Departments.

Seine

Nord

Seine-et-Oise

Seine-et-Inf^rieure. .

Aisne , •

Ois;

Marne

Seine-et-Marne. . . .jr.

806
155
155
151
129
127
125
114

70
29.5

7.9
29.1
19.1
14.4

10.9

SUlCrOES FEW.

Departments.

Corse .

Loz^re

Hautes-Pyrenees

Cantal

Hautes-Loire

AriSge ,

Py renees-Orientales .
Haute-Savoie

31.4
32.4
11.8
25.2
43.5
66.6
41.6
15.8

occur. The Department of the East is next with 16 per
cent., while of the remaining departments the three,
Center, South and West, where education is lowest, the
rate is only 34 per cent, between them. The influence
of Paris as a city, however, where the rate is so high,
weakens the force of M. Bronc's opinion to some extent.
The following table from M. Bronc's book will be of in-
terest.*

*" L'Europe, Politique and Social." Paris, 1869, p. 206, et seq.

SUICIDE AND LEGISLATION.

NATION AND RACE.

The tables of M. Bronc's, bearing on other questions,
are equally interesting and valuable. Deaths from sui-
cide in 1876, in each of the named countries :

COUNTRIES.

Proportion of

suicides to

1,000,000 pop.

Degree of Education.
Percentage of Illiteracy.

Switzerland

England and Wales

Scotland

Ireland

Norway

Finland

Sweden

Prussia

Bavaria

Belgium

Austria

Italy

United States

Nearly free from illiteracy.

33.

21.

46.
Nearly free from illiteracy.

7.
30.
49.
73.
20.

These tables of M Bronc do not accord with our experi-
ence in the United States respecting ignorance and
crime, nor are they in accord with the better opinion in
this country as to the relation of illiteracy to crime so
far as we can estimate.*

It may be of interest to inquire concerning the causes
of suicides, and I submit a few statistical facts concern-
ing them.

DOMESTIC TROUBLES.

It will be observed that France and Italy have a higher
rate of suicide from domestic troubles than other coun-
tries. I quote a table : t

^Prisons and Reformatories, Home and Abroad. London, 1882. Kidder
& Scbem, Op. Cit. Arb. Criminal Education. O'Dea on Suicide, 167.

f Compiled by O'Dea from tbe Belgian Statistics published in 1. Europe
of Brussels. O'Dea, Suicide. 177.

SUICIDE AND LEGISLATION.

COUNTRIES.

Proportion of suicides to sex to
1,000 cases, from domestic troubles.

FEMALES.

Sweden .
France.
Italy. . .
Prussia .
Saxony .
Norway

164

DRUNKENNESS.

Different countries show a wide difference in rate as
to this cause of suicide. In Denmark it is stated to be
nearly forty per cent. Nearly the same proportion is
claimed for Norway and Sweden. In Italy, on the con-
trary, only six out of every 1,000 can be attributed to
this cause. It is estimated that at least seven per cent,
of suicides are due to drunkenness, which I think rather
too low.^

This author furnishes an interesting table, compiled
from the census of 18 TO, contrasting suicides and deaths
by alcohol in this country.

SUICIDES— DEATHS BV ALCOHOL IN THE UNITED STATES.

Suicides.

Deaths from
Alcohol.

Chinese and Japanese

10
13
1
7
19
10
42

104
22

146
16

Other Soutli of Europe

Italians

Other North of Europe

French ...

(Scotch

English and Welsh

Irish ... -

488

Swedes, Norwegians and Danes

Germans

144

All others

Total

390

751

Indian

813

Colored

White

535

Total

832

597

Unknown

Affffreerate

1,243

1,410

•O'Dea, Suicide, p 184.

SUICIDE AND LEGISLATION.

NATIONALITY.

The difference in rate in different countries is remark-
able, and while various writers account for it in various
ways, there is really no satisfactory explanation. More-
over, different cities in the same country will have a
widely different rate. In England the rate is highest in
the southeastern counties and lowest on the western
coast.* France shows the same phenomena as before
stated.

In our own country the proportion of suicides in San
Francisco, and in the cities of Nevada, is very largely in
excess of New York, Brooklyn or Philadelphia. The
following table from the work of Dr. O'Dea gives the
general ratio as to race and nationality : t

NATIONS.

No. of suicides in
1.000,000 pop.

NATIONS.

No. of suicides in
1,000,000 pop.

Portugal

7
14
16
25
26
80
35
40
68
94
66

Belgium

Austria Cisleithauia

Bavaria

Baden

Spain

Ireland

84
73

Russia

109

Italy

France

Prussia

110

Finland

123

Scotland

United States. . .
Eng. and Wales . .
Norway

Wurtemberg

Switzerland

Denmark

164
206

288

Saxony

251

Sweden

The study of the causes that make the rate so greatly
in excess in Switzerland, France and the German -speak-
ing countries, is very interesting, but I have not space
for it in this paper. The largest numbei' of suicides in

^ *Report of English Register-General for 1873.
' fTable of Dr. O'Dea, Suicide, p. 199.

SUICIDE AND LEGISLATION.

London in any one year was in 1846, during the great
railroad panic, and the per cent, rose from Y.2 per cent,
to 12.8 in the 100,000 population in France in 1847.

The vital statistics of Ireland show an increase of
suicides from 7.57 to 8.41 in the decade that witnessed
the great famine in that country.^"

The statistics of Quetelet, to which allusion has been
made, are analyzed and formulated by O'Dea, pp. 113,

140 and 141.

GENERAL CAUSES.

Brierre de Boismont gives the following table, made
from a study of 4,595 cases of suicide (pp. 261 etc.).

Tables of Brierre de Boismont, from authentic docu-
ments of the causes of suicide, selected and analyzed
from 4,595 cases :

CAUSES OP SUICIDE
IN ITALY.

Unhappiness

Loss of employment . .
Reverses ot fortune. . . .

Domestic trouble

Hindered love

Disgust of m'lty s'rvce

Disgust of life

Fear of condemnation

Jealousy

False point of honor, . .
Ante-nuptial pre<:nacy,

Drunkenness

Physical suffering. . . .

Cerebral fever

Insanity, delirium. . .

Monomania

Pellagra ,

Idiocy, imbecility —
Unknown

NUMBER OF SUICIDES.

1876.

187^

Per 1,000 Suicides
1877]

Total

141

127

321

Males

F'm'les

Total

Males

F'mTs

Males

105

100.55

2.19

136

104

102

111.47

74.32

20.76

8.74

29.51

26.23

5 46

12.02

6.56

69.95

4.37

136

103.83

16.39

121

8415

9.84

278
[ 854

338

287
1 915

313.66
100,000

170

1,139

244

58.04

8.93
89.29
75.89

4.46

17.86

66.96

13.39
183.04

40.18
1^)6.43

13.39

227.68

100,000

*0'Dea, Suicide, p. 277.

SUICIDE AND LEGISLATION. 19

FIRST GROUP.

Drunkenness 530

Poverty, Misery 282

Reverses from financial embarrassment 277

Licentiousness 121

Laziness 56

Want of Work 43 1,309

SECOND GROUP.

Insanity 652

Ennui— disgust of life 237

Feebleness — sorro ^ , melancholy 145

Acute delirium , 55 1,089

THIRD GROUP.

Domestic troubles 361

Other troubles 311 672

FOURTH GROUP.

Sickness 405 405

FIFTH GROUP.

Love 306

Jealousy 54 360

SIXTH GROUP

Remorse, dishonor, criminal prosecution 134 134

SEVENTH GROUP.

Gambling 44 44

EIGHTH GROUP.

Priile and vanity 44 44

NINTH GROUP-

Unknown motives 556 556

Total 4,613

And as a further analysis of causes, I give another
table from this same author. -

TABLE OF ANALYSIS OF 676 CASES OP SUICIDE.

Bade adieu to parents, friends and the world 278

Gave directions as to funeral and burial 105

Asked pardon for their suicide , . . , 45

Evinced solicitude for parents or children 43

Had confidence in Divine forgiveness 36

Expressed regret at leaving world, friends, etc 38

Avowed belief in a f ut ure state 22

Died in liouses of ill-fame 18

Expiated faults or asked forgiveness 30

Desired the prayers of the Church 11

Prayed friends to shed tears to their memory 11

Ascribed their death to useless motives 11

Expressed horror at their own death 9

Wished their death concealed for sake of family IV

*Brierre de Boismont, Suicides, p. 262.

20 SUICIDE AND LEGISLATION.

2. As to the second proposition or inquiry, viz. : *' What
can best be done by society to diminish the increase of
suicide, hj legislation or otherwise ? " Whether suicide
is on the increase or not, is of sufficient consequence to
justify us in studying whether and how far the evil may
be avoided, and what legal or punitive measures for its
repression or punishment can be adopted. How far can
such measures act as a restraint upon mankind to pre-
vent suicide ? What restraining influences can be used
or adopted, the tendencies of which will be to diminish
the volume of suicide ? But little doubt can be enter-
tained that the extreme laws of the Eomans, Greeks,
and the earlier laws of France and Great Britain, bar-
barous as they may now seem, must have operated
largely to deter many from the commission of this crime.

It is, of course, quite impossible to know how many
have been thus deterred. Those who were thus prevented
in the nature of things can neither be counted, nor with
certainty be calculated. One means of forming an
opinion is by comparing recent suicides, in proportion to
the population, with other times ; and the better opinion
is that those laws must have exercised a decided and
beneficial restraint.

Buckle and Comte both concur in the unwisdom of
legal enactments against suicide. *

The verdict of history must, however, be on the other
side, and tend decidedly to show the beneficial effects of
punitory laws, when strictly enforced. f

^Civilization, vol. 1, pp. 19, 20; Traiie de Legislation, vol. 1, p. 486.

f O'Dea on Suicidr, p. 278, who cites also Tarquiu's proclamation to the
Roman army. The edict of the Milesian authorities. The famous order of
Napoleon I. to his army, which stopped what might otherwise have been a
serious epidemic among the French soldiers.

SUICIDE AND LEGISLATION.

It is most reasonable to suppose that the certainty of
loss of goods, disgrace to family, and indignities to the
remains, would have deterred many weak or vain per-
sons, who have committed suicide in the past, with no
possibility of such results attaching if punitory laws had
existed and been enforced. Besides the cases cited where
orders, regulations and laws have clearly operated to
arrest suicides in epidemical periods, I have felt it im-
portant to cite the effect of legislation in British India to
suppress that system of suicide formerly so prevalent
there, and known as

SUTTEE.

Following is a copy of the official returns of suttee in
India, from 1815 to and including 1828 :

DIVISIONS.

1815.

1816.

1817.

1818.

1819.

1820.

1821.

1822.

1823.

1824.

1825.

1826.

1827.

1828

Calcutta

2.53

289

442

544

421

370

372

328

340

373

398

324

a37

308

Dacca

101

Murshedabada.

Ratna

29
65

49
103

57
137

40
92

62
103

69
114

70
102

49
121

42
93

47
55

Benares

Barielly

378

442

707

839

650

627

634

583

575

572

639

518

517

463

This practice was suppressed in Southern India by
Lord William Bentwink declaring it a crime punishable
by the Criminal Court. ^

All India was freed by similar laws and regulations
adopted by the British generals, which have effectually
suppressed the practice.

What would be the effects, if the unsuccessful attempt

* Wheeler's History of India, vol. 3, p. 373. O'Dea Suicide, 306.

22 SUICIDE AND LEGISLATION.

at suicide was punished by law as a crime in all cases,
and a conspicuous example made of the offender ? Would
it not operate as a wholesome restraint, in some cases at
least, against the commission of the act^?

LEGISLATION PROPOSED IN FRANCE.

The most striking proposition of recent times is that
submitted by M. le Dr. Jeannel, to the International
Medico-Legal Congress, at the Paris session of August,
1878, to provide by law, that the corpses of all suicides
be furnished to the medical schools for dissection, except
in such cases as the victims were insane or irresponsible.
By the Penal Code of France, Art. 64, it is provided, that
suicide is not a crime when committed by a person who
is insane at the time, ' ' en etat de demence au temps de
V action.'^ Dr. Jeannel supported his proposition by a
strong array of facts, and claimed :

1. That such a law would increase the resources of the
medical schools, for careful and valuable anatomical
studies, etc.

2. Seriously diminish the number of suicides. He
proposed the following points for the consideration of
the Congress :

1. Each particular case of suicide should be given to a
Medico-Legal determination or Commission (une con-
sultation Medico -Legale) to determine as well the fact of
the suicide as the sanity of the victim.

2. The passage of a general law requiring that the
body of every suicide who was found to be sane and

SUICIDE AND LEGISLA.TION. 28

responsible for his acts should be sent to the medical
college (Amphitheatres Anatomique).

Tt was objected by M. Lacassagne that it would be
very difficult to execute such a law as Dr. Jeannel pro-
posed. He alluded to the difficulty of transporting dead
bodies to the anatomical schools, especially from a dis-
tance, and also to those persons who from religious
scruples oppose the dissection of bodies at all in the hos-
pitals or anatomical schools. He also thought that a
very strong feeling of opposition would arise on the part
of the families and friends of suicides to such a disposi-
tion of the remains.

M. Gubler took part in the discussion and opposed the
proposition, claiming that such a law would aggravate
the situation of families so unfortunate as to have a
suicide occur in their midst, and that it would be another
evil for them to bear, added to the shame and disgrace
of the act itself. He feared also that instead of increas-
ing the anatomical subjects, it would create a feeling
against the schools, which would in the end operate to
diminish the number of subjects to be obtained.

M. Devergie, who pr jsided at the session of the Inter-
national Congress, expressed a doubt whether the Legis-
lature would consent to deprive a family of its rights
to dispose of the remains of one of its members who had
committed suicide.

No action was taken by the Congress upon M. Jean-
nel's proposition.

The objections thus presented were considered by Dr,

24: SUICIDE AND LEGISLATION.

Jeannelj in a reply submitted as annex No. 2, which
forms a part of the pubhshed proceedings of that Con-
gress, and in which the questions involved are treated
with signal ability.

To the objection as to the transportation of the dead
bodies, he submits that the experience of the commission
of the French Society of Medical Jurisprudence had
demonstrated the entire feasibility of transporting dead
bodies, and perfectly retarding putrefaction by the use
of phenic acid, and gives the formula which perfectly
embalms the body at a cost of five or six francs, which
was then in actual use throughout France between the
various prisons and medical schools.^

Dr. Jeannel meets the objections raised with powerful
arguments. He demonstrates the right of the Legisla-
ture to pass such a law, and argues that it would not
only have a beneficial result as a restraint upon suicide,
but sensibly aid the schools in their labors.

While it must be conceded that families would at first
object to such a disposition of the bodies of suicides, it is
upon a solid and safe principle that such a law would be
founded if the Legislature should pass it. The bodies of
murderers or criminals, if furnished for dissection to
the medical schools, present quite the same question,
whether the criminal is a suicide or a murderer of
some one beside himself.

The consequence upon the family is one of the real

* Poudre Antisepiique de Wafflai'd. Acide Phenique brut., 1. Seiure de
hois, 4.

SUICIDE AND LEGISLATION. 25

arguments for the passage of such a law, because the
suicide, if sane, must consider all the consequences of
his act, and this must operate in many cases as an
enormously powerful restraint against the commission
of the crime.

No valid legal objection could be raised by the family
in the case of a suicide, that could not be raised if a
member convicted or accused of any other crime should
die pending trial, or after conviction while in prison.

No question of this character had force against the
ancient punitive la^s.

What is needed is additional force upon the moral
sense of the community, to render the crime of suicide
more generally odiou'^ and detestable.

There is at present practically no legal restraint against
suicide.

The suicide has nothing to fear for his crime, even if
unsuccessful. Our laws are not enforced.

Is society doing its whole duty in the matter ? Should
not such legislation be considered as would be calculated
to arrest the hand of weak persons, who now really
encounter no resistance to their suicidal ideas and ten-
dencies, by legislation or public sentiment ?

Of course, laws of all countries recognize insanity as a
defence to crime. Suicide is within that rule. No
insane or irresponsible person can be held responsible for
suicide.

Dr. O'Dea admirably suggests the great value and im-
portance of religious and moral training, as an important

26 SUICIDE AND LEGISLATION.

factor in preventing suicide. He most ably supports
this, as well as the value of medical advice and treat-
ment, as a means of prevention, in the closing chapters
of his w^ork.

These should not be neglected. They should be
studied and made use of to the fullest extent. But can
we rely alone upon these means as a preventative ?

The question is one of great importance and worthy
serious study. Dr. O'Dea has dedicated his work : '^ To
the Medico-Legal Society of New York, whose success-
ful efforts at medical, legal and social reform reflect
honor on itself and lasting benefit on the community. "

This work has been of great value in the preparation
of this article, and while the author only touches lightly
on the legal means of prevention, the weight of the
book favors sound action, if public opinion would be
behind proper remedial legislation, without which no
important reform can be accomplished by legal means.
If this Society can be useful in awakening public inter-
est in sach reaiedial legislation as would save the lives
of even a few unfortunates who would otherwise perish
by their own hand, it would, I feel quite sure, be doing
good work in thus acting. If it can be instrumental in
bringing into force and play any elements within the
commonwealth that shall so intensify and make odious
this growing crime of suicide, it ought not to hesitate
long in its action.

The consideration of the feelings and wishes of the
family and friends of the suicide, we must all feel

SUICIDE AND LEGISLATION.

sensibly ; but higher and broader and nobler than these
is the great good to the State, the public conscience and
the heart.

I am not aware what action has been taken by the
French Society upon this question, or whether any action
has been taken, but I have thought it not inconsistent
with my duty to bring the subject to the thoughtful
attention of the Medico-Legal Society of New York.

APPENDIX.

Suicides in the United States and Territories at the
Tenth Census :

STATES ANDTERRITORIKS. SUICIDES.

Alabama 10

Arizona 8

Arkansas. 14

California 188

Colorado 12

Connecticut 40

Dakota 7

Delaware 1

District of Columbia 13

Florida 1

Georgia 28

Idaho 3

Illinois 171

Indiana 115

Iowa 178

Kansas 43

Kentucky <'4

Louisiana 34

Maine 49

Maryland 33

Massachusetts . . 134

Michigan 101

Minnesota 49

Mississippi 15

STATES AND TERRITORIES.

SUICIDES.

Missouri 99

Montana 13

Nebraska 13

Nevada 13

New Hampshire 31

New Jersey 07

New Mexico 3

New York 332

North Carolina 20

Ohio 191

Oregon 20

Pennsylvania 219

Rhode Island. 10

South Carolina 16

Tennessee 39

Texas . . 65

Utah 4

Vermont 22

Virginia 23

Washington Territory 9

West Virginia 14

Wisconsin 7<>

Wyoming 1

Totil— United States 2,517

Saice reading this papei", I have seen some statistics

28 SUICIDE AND LEGISLATION.

prepared by Dr. John T. Nagle, of suicides in the city of
New York for the eleven years ending December 31,
1880, also the proportion of suicides to the population of
New York City from the year 1804 to 1880, inclusive,
from which I make some interesting extracts.
Dr. Nagle claims that :

1. There is a marked difference in the number of
suicides, based on nationality, the Germans especially
exceeding the Irish in number.

2. That as to sex, the males exceed the females in
number, during past eleven years, by males, 1193 ;
females, 328. The proportion being 3.64 males to one
female.

3. The highest rates of suicides in New York City dur-
ing the past seventy-seven years was in 1805, when
there was one to every 3,017 inhabitants; and the lowest
in 1864, when the rate was 1 suicide to 23,827. In 1874
the rate was one to 5,515, and was the largest year since
1834, when the proportion was 1 to 3,474.

The maximum among males was between the ages of
35 and 40 years, and of females between 30 and 35 years.

4. The age and sex of suicides in New York for the
eleven years ending December 31, 1880, was :

Males 1,193

Females 328

Total for eleven years 1,521

Average for each year 138.i^oo

Dr. Nagle has classified these deaths, to see whether
time of year influences suicide, into four quarters of

SUICIDE AND LEGISLATION. 29

the year and for the eleven years, with the following
result :

First quarter 341

Secoud quarter 417

Third quarter 412

Fourth quarter 351

He states that these relations vary in different years.
He states that the average annual rate of suicide for the
eleven years was 16.7-1: to every 100,000 of the native
population.

During the same period the rate was for foreign born
population 26.24 to every 100,000. It was less frequent
among the colored than the white population.

The table of nationalities is interesting, the Belgian
heading the list and the Irish of foreigners being the
lowest, viz. :

Austria 20.54

Britisli America 27.28

Bohemia 29.C5

China 57.82

Denmark 56.39

England 27.68

France 45.27

Germany 34 49

Holland 47.13

Italy 13.98

Norway , 51.23

Poland 1876

Portugal 96.77

Russia 12.86

Scotland 23.84

South America 92. 15

Sweden 39.04

Switzerland 77.09

Spain 56.92

Wales 13.49

Cuba 43.53

Belgium 115.06

Ireland 9.71

United States 5.61

The data as to Belgium is more curious than reliable,
as the total Belgian population for the eleven years was
only 478, and the number of suicides six.

In the table of causes, 503, or really one-third of the
whole number, was by poison^ of which Paris green was
the favorite, causing 200 deaths, and various forms of
opium, 139 deaths Pistol, gun-shot wounds caused 399

30 SUICIDE AND LEGISLATION.

deaths, hanging 239, cutting throats or arteries with
razors and knives, 175, leaping from heights 82, and
drowning 101.

There are interesting tables in Dr. Nagle's paper, in
regard to foreign cities and American cities, for which I
regret that I have no space. Dr. Nagle's tables are
especially valuable, for the reason that he has the benefit
of the State Census of 1875 ; while all the tables I have
hitherto seen were based upon the U. S. Census of 1870.
I am indebted to the Commissioner of Patents for the
first table in appendix, based on the census of 1880, which
his courtesy has enabled me to furnish since my paper
was read.

SUICIDE AND LEGISLATION.

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THE MENOPAUSE: ITS RELATION TO

INSANITY.

By T. R. Buckham, A.M., M.D.

I have just read with Hvely interest the ''paper" by
Mr. Chamberlain, the discussion had thereon, and the
editorial comments as they appeared in the Medico-
Legal Journal of last month.

Without specially referring to the '^ Druse Case" (of
which there is not sufficient evidence in the Journal to
enable any reader to form an intelligent opinion), an
examination of the general medico-legal question of the
relation of the menopause to insanity, may not be wholly
without interest or profit.

To properly study this question, the natural method
would appear to be, to first interrogate nature, as to the
uses of the function of menstruation, and thereby try
to discover the intention of the Creator in making that
most marvellous and beneficent provision for women.

From the general natural organization of woman, it is
obviously intended, that from a certain age to a certain
age she shall bear and nurse children, as before the ova
are developed, and after they are all gone, there is no
menstruation.

During pregnancy the woman is subjected to the

* Read before the Medico-Legal Society, April Meeting, 1888.

THE MENOPAUSE : ITS RELATION TO INSANITY. 33

annoyance and inconvenience of displaced pelvic viscera ;
subjected to the additional load of increased weight
and bulk, causing more or less nervous irritation ; be-
sides there is a draft upon her vital force for the sup-
port and growth of another being, and, added to these,
the exhaustion consequent upon parturition and lacta-
tion. Under such an accumulation of burdens, were it
not for the wonderful compensation of the menstrue, a
large percentage of our delicate ladies would inevitably
succumb under the grievous superimposed load conse-
quent upon pregnancy, and even the strongest of the
sex would in time have their constitution sadly debili-
tated, if not utterly shattered.

The design of nature is, to utilize all her vital forces in
the growing girl, that her body may develop into vigor-
ous womanhood ; but when that condition has been
attained, when it is possible, nay, probable, that new
and exhausting demands may soon be made upon her
strength, nature has generously arranged for the gen-
eration of more vital force than is necessary for her
ordinary maintenance, which excess will be periodically
thrown away, until the extraordinary demand caused by
pregnancy shall arise, then the catamenial excess will
cease to be thrown away, will be retained in the ex-
pectant mother's person, and, so admirable and com-
plete is the compensation afforded, that pregnant women
during their full term are often stronger and more
healthful then, than they are at other times, and they are
in like manner compensated during lactation. The same

34 THE MENOPAUSE : ITS RELATION TO INSANITY.

compensation is often observed when a woman is the
sabject of any wasting disease, e.(/., it is well known that
the cessation of the menses is often the first indication
of tubercular consumption. As the strength and vitality
have begun to fail when the age of forty-five or fifty has
been reached (the ova being all gone, there can be no
further extraordinary demands made on account of
pregnancy), then conservative nature permanently stops
the waste, and utilizes all the vitality the mother gener-
ates in building up her partially worn out body.

From the foregoing, would any person, a priori, expect
from this most marvellously benign provision of nature,
the dire results which are by many claimed for the
menopause ? Reason would assuredly answer no, and
we do not think that facts can be found to seriously
conflict with reason in the premises.

It will possibly be a matter of surprise to those who
are not familiar with that department of literature,
*' Diseases of Women," that in the elaborate works of
those who have made '^ woman, and her diseases," their
special study, with all their advantages for prosecuting
that study, the menopause is not mentioned at all by
many of the most eminent of those writers and observers,
and by others it receives only a brief passing notice, as
of little importance. Among these authors are the cele-
brated names of Sir J. Y. Simpson, Churchill, Leishman,
Thomas, etc., while Cazeaux and Tarnier (p. 114, 8th
Am. Ed.) say: '^In the majority of cases, all these
troubles are quite slight and disappear promptly ; but,

THE MENOPAUSE : ITS RELATION TO INSANITY. 35

in some instances, diseases, before latent, then declare
themselves. It is this fact which, though much rarer
than is commonly supposed, has obtained for this time
of life, the name of the critical period. Its dangers have
been wonderfully exaggerated, and modern researches
prove, in opposition to the opinion of physicians who
have preceded us, that the organic affections of the
breasts, of the uterus, and of the ovaries, begin much
more frequently before, than after the cessation of the
menses." They do not mention insanity as one of the
sequelae. Ziemssen, in his Cyclopaedia of Medicine,
takes substantially the same view, and my own obser-
vation fully coincides with the authorities quoted. The
weight of authorities unquestionably indicate more men-
tal disturbance at the beginning than at the eyiding of
menstruation. When the function begins there is
generally considerable nervous excitement, which is
also usually the case at every return of the period, and
it could not be expected that a natural habit of thirty
years' standing, together with the retention of vitality
in the system, which during that period had been thrown
away, would take place without some physical disturb-
ance. Occasionally there is some cerebral congestion,
which, unrelieved, might resuli in organic disease of
the brain, as might any cerebral congestion ; but if such
a case should occur from that cause, it would simply
prove neglect ; the insanity would not arise ex necessi-
tate rei, as a little depletion affords speedy and perma-
nent relief.

36 THE MENOPAUSE : ITS RELATION TO INSANITY.

It is possible that a latent strong predisposition to in-
sanity might be developed into activity by the nervous
irritability and excitement incident to either menstrua-
tion or the menopause ; but if there be no evidence of
such insanity other than the commission of an atrocious
crime, the perpetration of the heinous wickedness would
not of itself be any evidence of insanity, especially when
an adequate motive, such as revenge for cruelties
and injuries endured, were shown. As insanity is the
result of physical disease, brooding over long -continued,
unmerited wrongs and cruelties would naturally lead to
perversion of the moral nature, but such brooding could
not produce pathological changes in the brain tissue.

Were the atrocity of crime regarded as evidence of
insanity, then Catherine de Medici, the instigator of St.
Bartholomew's Massacre, must have been very insane.

When a woman becomes insane at the age of forty-
five or fitty, we believe the time is simply a coincidence.
As there is no adequate cause in the menopause to pro-
duce an organic lesion of the brain, the conclusion
appears to be inevitable that it cannot, de nova, cause
insanity, ex nihilo nihil fit.

THE MEDICAL JURISPRUDENCE OF
INEBRIETY.''

By Joseph Parrish, M.D,, Burlington, N. J.

Before entering upon the discussions of the subject we
have in hand, it is essential to an intelhgent view of it,
that we agree upon the meaning and appHcation of terms.
The words, Drunkenness, Intoxication, AlcohoHsm, In-
ebriety, etc. , are so carelessly and interchangeably used,
that I shall confine myself to Inebriety, the Disease,
as distinguished from other forms of alcoholic effects,
and especially from the daily drunkenness of the saloon
and the street. The typical ineberiate comes into the
world with the ^'mark of the beast upon his forehead,"
or it may be with a vestige only of an ancestral taint,
which inclines him to seek indulgence in intoxicants of
some kind. In other words, he is born with a decided
alcoholic diathesis, or with a positive tendency to form
one. That is to say, that where the hereditary impulse
is not sufficiently potential to impart a complete dia-
thesis, it leaves only an inclination or tendency to free
indulgence, which, if continued in excess, mil grow into
a constitutional demand, as imperious and exacting as
in the other case.

* Read before the Medico-Legal Society of New York, at its Annual Meeting, bel4
Pecember 14, 1887,

38 THE MEDICAL JURISPRUDENCE OF INEBRIETY.

Such persons are moved at times by a passion for
indulgence, which is beyond their control. It comes at
intervals, it may be weeks, or months, during which
periods of time they not only have no desire for alcohol
in any of its forms, but a loathing and disgust for them.
It is not the taste or appetite for them that is to be
satisfied, but the effect. They long for a condition of
oblivion, of forgetfulness of self, and of all selfish and
annoying cares and troubles and moods. Neither have
they any desire for convivial companionship. The glitter
and glow of public resorts, where liquor is the prime
factor of wrong and ruin, have no attractions for them.
They are not tempted by such displays. The tempta-
tion, with which they are tempted, is within. It is sub-
jective. It circles in the stream that gives them life.
It may be likened to a battery that is hidden somewhere
in the cerebral substance — connected by continuous fiery
wires, with a coil in every ganglion, from whence they
continue to extend — attenuating and distributing, as
they go, reaching after the minutest neive fibrils, which
need only a throb from the inborn impulse, to transmit
a force that quivers in every muscle, and burns in every
nerve, till the victim is suddenly driven from himself,
into the ways of unconscious debauchery. Technically,
it is a brain or nerve storm, which dominates all other
conditions, and leaves the patient, for the time, without
any power to control his own acts.

Dr. J. M. Howie, of Liverpool, England, says, that
such a man possesses no power of resistance, ^Hhat he

THE MEDICAL JURISPRUDENCE OF INEBRIETY. 39

drinks as naturally as a fish swims, or a dog barks ! "
Dr. I. B. Hurry, also of England, describes the craving
for drink as ' ' coming in the form of a paroxysm, which
runs a more or less cyclical course." He calls it '^uncon-
trollable drunkenness ! " and quotes Dr. Hutcheson
as saying, ''That this sort of mania differs entirely
from drunkenness, the diagnostic sign of the disease
being an irresistible propensity to swallow stimulants in
enormous doses, whenever and wherever they can be
procured. This form of inebriation is often, if not
usually, found in our most useful professions — men of
letters and culture, of refined tastes and manners, who
scorn the low-lived friendships of the groggery, and who
vainly strive for liberty.''

Dr. Norman Kerr, of London, the faithful friend of the
inebriate, and eloquent advocate for legislative aid in his
behalf, has used the following most impressive language :
" The struggle of the intemperate for freedom, is a com-
bat more terrible than any other fight on earth. It is
more arduous than the most celebrated of those, the
praises of which have been from remotest ages immor-
talized by undying verse." It remains yet to notice a
most important and prominent symptom of inebriety,
which, together with periodicy, constitutes its real
pathognomonic sign, namely, loss, or suspension of con-
sciousness and memory, without sleep or stupor, during
which the patient acts automatically, being without
knowledge of his actual condition, at the same time ap-
pearing to be, ani to act. naturally. I have had numer-

4:0 THE MEDICAL JURISPRUDENCE OF INEBRIETY.

ous cases of the kind, of which the following are ex-
amples.

G. A., a young gentleman who resided about four-
teen miles from the city, left home to visit friends,
and to attend to a few errands, agreeing to return by an
early evening train. He called on his friends, attended
to his business, accomplishing all that he intended to do
on leaving home, but did not take the early evening train
to return. Instead of doing so, he unfastened a fine look-
ing horse and vehicle from a hitching post on the side-
walk, mounted the carriage, and drove safely to his home,
fourteen miles away. He crossed the river by a bridge,
avoided collision with vehicles of all sorts on a crowded
thoroughfare, paid toll at all the turnpike gates through
which he passed, and reached home in safety and in
good season, with the horse in good condition, showing
that he had not been abused by fast driving. He was
taken to the stable, and the young man retired to his
room. In the morning, having slept off the effects of a
few potations of whiskey, he met his family in the
breakfast- room, having no knowledge of having reached
home in the way he did, and was surprised to find in a
morning paper an advertisement for the horse and
wagon Ashamed and humiliated by the discovery, he
proceeded at once with an attendant to answer the
advertisement. The owner, being a physician and tak-
ing in the situation, was thankful to find his favorite
horse unabused. The two gentlemen, shaking hands and
congratulating each other upon the safe and satisfactory

THE MEDICAL JURISPRUDENCE OF INEBRIETY. 41

issue of a bold and reckless experiment, with abundant
apologies on one side, and full forgiveness on the other,
separated, having left for you and me a record of an
interesting case of cerebral automatism, to become a part
of the proceedings of this society.

Another, Professor W , a Christian gentleman and

scholar, a popular and successful teacher. The passion
comes to him unbidden, and even without previous
thought on the subject, and sometimes suddenly. He
may be engaged in his study preparing to meet his class,
and there comes over him a seeming cloudiness which
darkens his mind, and he seems lost to things about him.
Without seeming to know why, he leaves his study and
his home, seeks the village near which he lives, takes a
few drinks of whiskey, casts aside all sense of self-respect,
all care for the opinion of others, resists all appeals to
stop and stay, and with a recklessness unknown to him
in a state of sobriety, abandons himself to his cups and
their consequences. During his carouse, he hires a horse
and buggy, drives into the country, visits friends, dines
or sups with them, remains till the next day, returns to
the village, pays for his horse and carriage, settles his
saloon bills, and when quite himself again, goes to his
home, seatshimself in his study, resumes his preparation
for his classes, without remembering anything that was
done during his absence. The interval between the
cloudy feeling in his study and his return, sobered, mor
tified, and overcome with self-reproach and remorse, is
a complete blank.

42 THE MEDICAL JURISPRUDENCE OF INEBRIETY.

My friend and colleague, Dr. Crothers, of Hartford,
Conn., has brought to light a number of similar cases,
and published them in a valuable brochure which every
student of this subject should read; it is called '^Cere-
bral Trance, or Loss of Consciousness and Memory in
Inebriety."

The phenomenon of unconscious cerebration, of which
I have produced two examples, is seen, and sometimes
in a more marked degree, in the disorder known as Som-
nambulism, which has no connection with alcohol as a
factor, and yet its exhibition of amnesia under remark-
able conditions leads to the suspicion that both disorders
may be traced to a want of equilibrium in the same nerve
centres, or in those that are closely allied to each other,
by which, in both, there is impaired consciousness. Dr.
Clouston tells us of one, Simon Fraser, a highly neurotic
subject, who had been a sleep-walker all his life, and did
all sorts of things in accordance with his illusions and
false beliefs, during his somnambulistic state. He once
went up to his neck in the sea of Norway, and did not
awake. At last one night, while in a somnambulistic
state, he seized his child, to whom he was much attached,
thinking it was a white animal, and dashed it against
the wall and killed it.*

From Dr. Crother's pamphlet we learn of a record made
by Dr. Forbes Winslow, " Of a somnambulist who, while
walking about, his night dress caught fire, and with

*A full account of the case and the trial, is given in The. Journal of Mental Science,
Vol. XXIV., p. 451.

THE MEDICAL JURISPRUDENCE OF INEBRIETY. 43

excellent judgment and coolness, he threw himself on
the bed and extinguished the flames, resumed his walk,
and next morning had no knowledge or memory of the
event, and wondered greatly how his dress became so
charred.

Another exhibit of cerebral automatism, whose con-
sciousness was either obliterated or suspended, is the
most remarkable case of the Massachusetts farmer. His
rye harvest had been carefully stored ; and when the
threshing season came, he arose from his bed, went to
the barn, climbed to the mow, and threw down a floor-
ing of sheaves ; threshed them, raked the straw away,
and deposited it in a place provided for it, swept into a
heap the rye, and after repeating this act four times,
returned to his house and bed, and in the morning was
surprised to find that he had threshed several bushels of
rye while in the state of automatism.

THE SCIENTIFIC STUDY OF INEBRIATE

CRIMINALS^

By T. D. Crothers, M.D.
Superintendent Walnut Lodge, Hartford, Conn.

The question of the sanity or insanity of an inebriate
criminal in court has so far been decided on theory, law
and precedent. Medical testimony is made to conform
to legal theories and court-rulings, irrespective of all
other conclusions. Courts have dictated to science what
the test of responsibility should be, and given definitions
and explanations of abnormal conduct, requiring the
medical witness to bend his views to such theories Not
only has the law laid down arbitrary lines, as if they
were fixed principles of nature, but it has assumed to
decide all questions of brain health on the same basis,
accepting scientific evidence only so far as it sustains
such theories-
Medical testimony in courts indicating insanity, that
is not sustained by overwhelming evidence, comes under
the suspicion of prejudice in the prisoner's favor, or
incompetency of the witness. The practical result from
such errors is a degree of confusion, injustice, and great
wrong, that is a sad reflection on the intelligence of both

Read before the Medico-Legal Society, New York, Dec. 14, 1887.

THE SCIENTIFIC STUDY OF INEBRIATE CRIMINALS. 45

the medical and legal professions. My object is to call
attention to the inebriate criminal^ and to indicate the
scientific methods by which such cases are to be studied,
and to show some errors which have followed from the
failure to understand the facts in these cases.

The inebriate appears in court as a criminal, the crime
is admitted, and the question is raised of his mental
soundness. It is asked : Did the prisoner at the time
of committing the crime realize the nature and conse-
quences of his acts and conduct ? Had he the power of
self-control to have done otherwise had he so willed?
Was the inebriety and crime voluntary and with motive ?
or involuntary and without motive ? From the answers
to these inquiries, the mental health and condition of
the prisoner is determined.

The scientific expert who is called to answer these in-
quiries should approach the problem without any knowl-
edge of the legal rulings and questions of responsibility
of such cases, held by courts. His province is simply
to examine the facts, and the conclusions which they
seem to indicate , which are in harmony with the laws of
nature.

As a scientific expert of the phenomena of the mind
and its morbid manifestations, he is not called to deter-
mine questions of legal responsibility, but must point
out the facts, show their accuracy and meaning, no
matter what the consequences or conclusions may be
This cannot be ascertained from newspaper reports,
statements of counsel, or slight examination of the pris-

46 THE SCIENTIFIC STUDY OF INEBRIATE CRIMINALS.

oner. Such a study, to be accurate, should begin and
follow a general order of facts, as follows :

1. Legally the crime is first studied, but medically this
order is reversed. First, study the history of the crimi-
nal, then the crime. Often a history of the criminal
distinctly indicates the nature and character of the crime.
The heredity of the inebriate criminal should be the first
object of study. From a knowledge of the defects and
diseases of the parents, of their strength, conduct and
character, a general conception can be had of their de -
scendants.

2. A study of the prisoner's early growth, culture,
training, nutrition, surroundings and occupation, reveals
many facts indicating the brain capacity or incapacity
to act normally.

3. The inebriety of the prisoner still further points out
his mental condition. The origin, duration and character
of the drink impulse, are most important facts for minute

study.

4. The nature and character of the crime, the associate
circumstances, including the inebriety, all bring ad-
ditional evidence pointing out the actual mental state of
the prisoner. From a systematic study of this kind, the
prisoner and his crime will appear clear and distinct.
Not as an outburst of vice and wickedness, but as the
natural sequence of a long, progressive march of physical
events. Inebriety and criminality are not accidents, but
the products of causes, the outcome of conditions,
which have grown up in obedience to laws that move

THE SCIENTIFIC STUDY OF INEBRIATE CRIMINALS. 47

on with progressive uniformity. This is illustrated
in the history of every case which can be f ollov/ed along
a continuous chain of events, dating perhaj^s from hered-
ity, degenerate growths, up to inebriety, then to crime.
Both the crime and inebriety are but symptoms of dis-
ease and degeneration, culminations of events whose foot-
prints can be traced back from stage to stage. Attempts
to apply dogmas of free-will, and show at what point
powers of control existed or were lost, where conscious-
ness and unconsciousness of events joined, or where
sanity or insanity united, is to attempt the impossible.
To the scientific man, the knowledge required to deter-
mine these facts extends far beyond the widest range of
human intellect.

In the efforts to determine the mental soundness and
brain health of a prisoner in court, there are certain gen-
eral facts already established that will serve as a founda-
tion from which to date more minute and accurate
studies.

1 . The inebriety of any person is in itself evidence of
more or less mental unsoundness. Alcohol, used to ex-
cess and to intoxication, is always followed by changes
of brain circulation and nutrition. Degrees of mental
impairment and paralysis always follow, whether recog-
nized or not.

2. In a large proportion of cases inebriety is only a
symptom of slow, insidious brain disease, particularly
general paralysis, also of many forms of mania, dementia,
and other brain degenerations.

48 THE SCIENTIFIC STUDY OF INEBRIATE CRIMINALS.

Here, notwithstanding all appearances, the inebriate is
diseased and unsound mentally.

3. When crime is committed by inebriates, growing
out ot the inebriety or associated with it, the probability
of mental disease and some form of insanity is very
strong. Inebriety always favors and prepares the way
for the commission of crime.

4. Whenever it appears that persons have used spirits
to intoxication, for the purpose of committing crime, this
is evidence of a most dangerous form of reasoning mania,
requiring the most careful study.

From these general facts, which should govern the
expert in such cases, I turn to indicate the great in-
justice which has followed in some late prominent trials,
from the failure to realize and apply these principles.

Peter Otto, a chronic inebriate, shot his wife in a drink
paroxysm. On the trial, the insanity of the prisoner was
raised. Several medical experts testified to his sanity,
and explained his unusual conduct as that of a simulator.
He was found guilty and sentenced to death. An appeal
was taken, and a year later I examined this case. Begin-
ning with heredity, the prisoner's grandfather, on his
father's side, and grandmother, on his mother's side, were
both insane ; the former died in an asylum. His father
was a paroxysmal inebriate, and a morose, irritable man,
who died in Andersonville prison. His mother, still
living, is a passionate, half insane woman, being irritable
and suspicious, and drinks beer. One of her sisters died
insane. The prisoner's early life was one of great

THE SCIENTIFIC STUDY OF INEBRIATE CRIMINALS. 49

wretchedness and neglect — in the street and saloon. He
was ill-nourished, and drank beer at home and wherever
he coald get it. At ten he was injured on the head, and
was treated in a hospital for several weeks. At puberty
he drank to intoxication and gave way to great sexual
excess. Later, he was married in a state of great intoxi-
cation and unconscious of it at the time. For ten years
before the crime he drank to excess as often as he could
procure money to pay for spirits. He grew quarrel-
some, suspicious and very irritable, and at times acted
wildly. He had the common suspicion of his wife's
infidelity, without any reasonable basis. He had
tried to kill himself on two different occasions, by
the most childish means. He was injured again on
the head and complained of bad feelings ever after. He
was arrested on six different times on complaint of his
wife and mother for violence when intoxicated, and was
confined in jail from ten to sixty days. Two months be-
fore the murder he was placed in jail, suffering from
mania. The jail physician called his condition alcoholic
insanity. The murder followed, while drinking to great
excess, and grew out of a quarrel with his wife. He
made no effort to run away or conceal himself. In jail
he developed religious delusions of frequent personal con-
versations with God. Heard voices and saw lights which
he interpreted as God's messages to him. His appear-
ance and conduct indicated great mental enfeeblement.
My conclusion of insanity was sustained by the history
of the heredity, growth, surroundings, inebriety, general

50 THE SCIENTIFIC STUDY OF INEBRIATE CRIMINALS.

conduct and delusions. A special commission of phy-
sicians decided that he was sane and fully responsible,
and on this conclusion he was executed.

The second case was that of Charles Hermann, a
chronic inebriate, who, while under the influence of
spirits, threw his wife down on the floor, cut her throat,
and placed the body on the bed. That and the two
following nights he slept in the bed with the dead body,
going out in the morning and returning at night, acting
as usual, drinking and manifesting no excitement or con-
sciousness of what he had done. Three days later the
body was discovered ; he described all the circumstances
of the homicide, gave no reason or explanation, except
that she would not stay in when he wished her.

The defense was insanity from spirits, and alcoholic
trance. This was denied by the medical witnesses for the
people. From my study of the case the following facts
were undisputed :

1 . Hermann was a German, forty-two years of age, a
butcher by trade. No hereditary history was obtained.
He was very reticent, and could give no clear history of
his past.

2. About twenty years ago he began to drink to excess.
When under the influence of spirits he was sullen, irrit-
able and suspicious of every one, his character and con-
duct were changed ; he had suspicions of his wife's infi-
delity. When sober no reference to this delusion was
made ; he seemed to be a kindhearted man.

3. For the past five years he has greatly changed in

THE SCIENTIFIC STUDY OF INEBRIATE CRIMINALS. 51

every way. He did not work much, tramped to Chicago
and back, drank at times to excess, was very quarrel-
some with his wife and others, when under the influence
of spirits. Was rarely stupid when intoxicated, but was
heavy and dull. A week before the murder he drank
more than usual.

4. The crime was committed automatically and in the
same way he had been accustomed to kill animals. He
seemed oblivious of the nature and character of the
crime, and made no efforts to conceal it, or escape, but
went about as usual, apparently unconcerned. This
same indifference continued up to his execution. As in
the former case, a commission decided that he was not
insane, and was responsible. Both his inebriety and the
peculiarities of the crime were ignored in this con-
• elusion.

Case three was Patrick Lynch, a periodical inebriate,
who killed his wife in a similar indifferent manner.
The defense of insanity was urged, and opposed by the
same confused medical testimony. A marked history
of heredity, embracing insanity, inebriety, and idiocy,
was traced back two generations. The prisoner grew
up in bad surroundings, was an inebriate early in life.
At the age of thirty he was a periodical inebriate, with
a drink period of twelve or fifteen days, during which
his conduct was markedly insane. He killed his wife by
striking her on the head with a board, under no excite-
ment and perfectly cool, then went to the station and
gave himself up, giving no reason for the act. He had

62 THE SCIENTIFIC STUDY OF INEBRIATE CRIMINALS.

not quarrelled with her or exhibited any anger. He had
delirium tremens three times at intervals before the crime
was committed, and had manifested marked changes of
character and conduct. When sober he was very kind ;
when drinking he was treacherous, violent and dangerous.
He was found guilty, but finally sent for life to prison.

The fourth case was that of William Enders, an ine-
briate, who rushed out of his house and shot a passing
stranger, without a word or provocation. The history
of epileptic and alcoholic heredity was in the family in
both parents. His early life was in a poorhouse, and
later an errand boy in a hotel. At twenty he was an
inebriate, with distinct drink paroxysms. These were
attended with intense delusion of persecution.

The crime was committed during one of these attacks.
The defense was insanity, but the jury decided him
guilty, on the testimony of the medical witnesses for the
prosecution, and he was executed.

These four cases are not uncommon or different from
many others appearing in court every week. I have pre-
sented them to show both the failure of medical testi-
mony, and a correct legal conception of such cases. The
medical testimony in such cases fails in not making an
independent research in each instance, to ascertain the
facts, no matter what the conclusions are. The physician
goes into the court-room with the expectation of giving
a semi -legal opinion, along some line of theory and law ;
he attempts to mark out conditions of responsibility and
fails, hence his testimony is confusing and worthless.

THE SCIENTIFIC STUDY OF INEBRIATE CRIMINALS. 53

In each of these four cases the medical evidence was
founded on theory and not on the facts of the case. The
legal treatment was also imperfect and unjust for the
same reason.

The teachings of all scientific research are in unison
to-day concerning the disease of inebriety, and also that
this disease of inebriety may merge into criminality. It
is obvious, then, when they are found associated, only a
full, exhaustive inquiry and study of the facts can de-
termine the sanity of the case.

The question of the sanity and insanity of inebriate
criminals must be decided by an appeal to the facts,
gathered by scientific experts, and not from any theo-
logical or judicial theory, however ancient in history or
universally accepted by lawyers and scientists.

The question of responsibility in any given case must
be answered exclusively from its scientific side, apart
from all legal conceptions and tests in such cases. The
inebriate criminal belongs to that obscure class of border
line cases who must be studied, both legally and medi-
cally, from the facts in their history.

From every point of view it is apparent that the pres-
ent treatment of the inebriate criminal is far behind the
scientific teachings of to-day. The time has come to
put to one side all mediaeval theories of the vice and vol-
untary nature of inebriety, and study each case more
thoroughly and from a wider range of facts, estimating
the degree of sanity and responsibility by physiological,
pathological and psychological methods,

PERSONAL RESIONSIBILITV AS AFFECTED
BY ALCOHOLIC INFLUENCE.''

By T. L. Wright, M.D., Bellefontaine, Ohio.

I will speak of the responsibility for crime committed
when alcohol enters as a factor in its inception — as well
as a common incitement to crime — from two points of
view only : First, when nerve function is impressed and
embarrassed by alcoholic influence ; and, second, when
nerve structure is affected through alcoholic influence.

1st. As to nerve function, I am not assuming any-
thing when I say that it is the universal verdict of sci-
ence, that accurate knowledge is wholly dependent upon
accurate consciousness ; that is, consciousness healthy,
not morbid in kind ; and complete, not fragmentary or
deflcient, in degree.

Now, what is consciousness, and what are its condi-
tions ?

'^Consciousness," says Wundt {see Ribot, German
Psychology, p. 247, et. seq.), ^^psychologically, is a uni-
fication, although itself a unit." There is no organ or
'^ center" of consciousness. The entire organism is es-
sential to its completeness. ^^Thus, perception, represen-
tation, idea, feeling, volition, form the continuity called
consciousness, of which only tautological definitions can

* Read before the Medico-Legal Society, at January Meeting, 1838,

PERSONAL RESPONSIBILITY, ETC. 55

be formulated .... Taken as a whole, the act which
physiological psychology seeks to interpret " — and upon
which the question of responsibility is pending — ^'em-
braces the following moments : First, impression ; sec-
ond, transmission to a nerve centre ; third, entrance into
the field of consciousness (large but vague '' perception ");
fourth, passage to the particular point of '^ appercep-
tion " (definite, no longer vague) ; fifth, voluntary reac-
tion ; sixth, transmission by the motor nerves."*

Careful authorities ?gree that alcohol is a poison, the
most obvious effect of which is to induce paralysis.
This was pointed out by Dr. T. W. Poole, of Ontario, in
a work published in 18Y9. Prof. A. B. Palmer, of Ann
Arbor, Mich., discusses the same thing in the Journal of
Inebriety, July, 1884. Doctor Sidney Ringer, of England,
declares that alcohol is not a stimulant as comparable
with its radically depressant properties. He says that
the ultimate effect of any considerable quantity of alco-
hol is paralyzing. Doctor C. H. Hughes, of St. Louis, in
a letter to the writer, upholds the same doctrine, and be-
lieves it to be of very great import.

But it is not necessary to rely upon authorities in this
part of our discussion . Everybody is familiar with th'^ stag-
gering gait and the distorted countenance of the drunken
man — evincing partial paralysis of the niuscular system.
Everybody is aware of the confusion and incoherence of
thought Avhich demonstrates the repression in functional
power of the nerve centres of rational movement. Every-

• Ribot, pp. 246-248.

56 PERSONAL RESPONSIBILITY AS AFFECTED

body is cognizant of the lying and treacherous propensi-
ties of the drunkard — showing a partial paralysis of the
nerve centres which preside over the manifestations of
the moral nature : and falsehood is the corner-stone of
the whole edifice of crime.

Universal paralysis, when complete, is death. But
universal paralysis, when incomplete, is disorganization
of function. It is absence of perfection, in the essential
details of all the departments of a sound individuality.
How can a man, handicapped by deficiency and inca-
pacity of nerve throughout his whole organism, cor-
rectly judge and discriminate in difficult and involved
questions ? The consciousness of sound, for instance, is
one of the most simple and plain of all. And yet
the mind must be alive to the distinctions and quali-
ties of pitch, intensity and timhre, in order to determine
the quality of sound with accuracy. These several prop-
erties depend upon the ^' number, amplitude, and form
of certain atmospheric vibrations."

In regard to the capacity of a drunken man, by an act
of volition, to raise himself above the level of his drunken
state — and upon the possession of which capacity the
question of his responsibility turns, it is only necessary
to say this : Since the beginning of the world no exam-
ple has been known of a drunken man improving upon
the condition and phenomena of his drunkenness. In
every other possible relation, the same mind steadily im-
proves and advances upward ; but the " drunk " of three-
score jrears and ten is^ in all its essential features and

BY ALCOHOLIC INFLUENCE. 5Y

exhibitions, the ^^same old drunk" that was character-
istic of the individual at the age of twenty or thirty
years. In other words, the drunken man is not his own
master. Alcohol dominates him, and guides him in its
own way.

^nd. As to nerve structure, alcohol interferes with
the co-ordinate or co-equal nutrition of the physical
tissues which enter into the composition of the human
body. Substantial growth in certain directions is mor-
bidly increased ; and the result is, that a relationship
is established amongst the several bodily parts which is
not symmetrical. The particular structure which mainly
takes on inordinate and unhealthy growth, is the fibrous
or fibro-cellular substance ; or, as it is called in medical
parlance, tissue. It is therefore proper to inquire specifi-
cally, what is the fibro-cellular tissue, and what is its
office ? As I wish to be plain, rather than technical, I
will say in general terms : It is the gray, dense struct-
ure in the body which holds and binds the entire organ-
ism together, giving to it shape, tenacity, and elasticity.
It enters into the substance of the liver, giving it
strength and form. It enters into the mechanism of the
kidneys, giving them strength and form. It enters into
the texture of the brain, giving it strength, tenacity and
form. And so likewise, it enters into the substance of
every organ and structure of the body — of the muscles,
bones, lungs, heart, skin, and so on, giving all of them
strength, protection, tenacity and form. And besides,
this same fibro-cellular tissue binds — through its modifica-

58 PERSONAL RESPONSIBILITY AS AFFECTED

fcions in shape and position, as by ligaments, bands, lead-
ers, etc., — the various portions of the body into one grand
and harmonious whole. In every organ of the body, the
fibrous tissue is liable to be substantially modified and
permanently changed in form through the toxic power
of alcohol.

It is not surprising, therefore, that Dr. Bartholow de-
clares that ^^few structures escape the deformabive in-
fluence of alcohol when it is habitually taken into the
system. The kidneys, the stomach, the liver, and the
brain, all exhibit," the doctor continues, ''an increase in
the substance of the fibro-cellular tissue which is found
within them." And Dr. Sieveking, of London, in his
work on Life Assurance, says : *' There is scarcely a de-
generative condition of the body that may not result
from the habitual use of ardent spirits." I economize
space by declaring that the authorities are a unit on
this point.

When, therefore, the complexion becomes muddy, and
the eyes tinged with a greenish hue ; when the appetite
and spirits fail, and an incessantly recurring jaundice
colors the skin of the habitual tippler, we know that
the liver is becoming structurally injured through the
mischievous effects of alcohol upon the cellular tissue
which enters into its structure.

When we perceive the habitual drinker — previously of
good report in most respects — beginning to steal ; or
when we perceive in him some surprising lapse in decency
and public morality, we know that the fibrous tissue

BY ALCOHOLIC INFLUENCE. 59

within the brain is being injured by alcohoUsm. We
know that nerve cells are being squeezed and oppressed
by the intrusion of a foreign substance ; and at a later
stage we know that nerve corpuscles are being trans-
formed into fat, or are absorbed altogether ; that brain
fibres are torn in sunder, and that the blood-vessels of
the brain are strangled and obliterated. We know that
in a few months the scene will close upon a paralytic de-
ment—imbecile and driveling.

Such is a partial description of the power of alcohol
carried to its logical conclusions. While a portion of
habitual inebriates, only, reach this woeful end, it is yet
proper to understand its occasional reality ; for the tend-
ency of habitual di inking, even though called moderate
in degree, is always, to some extent, greater or less, in
this direction.

But in impairing the constitution, the worst effects of
alcohol must take place within the brain. The cellular
structure within the brain, at first morbidly and inordi-
nately increased in volume, at length begins, by httle and
little, to contract. To illustrate : After a severe burn is
healed, the scars are apt to appear prominent in the form
of unsightly welts and ridges. These scars are one form
of cellular tissue. But in time these prominences Avill dis-
appear. The scJtrs shrink, very considerably, becoming,
at the same time, very hard and tense ; and not infre-
quently, by drawing portions of the body out of their
natural relationships with each other, they produce se-
rious inconvenience and deformity. A similar contrac-

60 PERSONAL RESPONSIBILITY AS AFFECTED

tion in the overgrown fibrous tissue of the Hver produces
the ^^ hob-nail" Hver of the habitual drunkard.

In a manner exactly parallel, the redundant fibrous
substance in the drunkard's brain shrinks, and it in-
volves and strangles some of the brain's blood-vessels.
Thus, nerve cells and nerve centres perish through lack
of nutrition — their blood supply being cut off. This con-
traction of the fibrous structure within the brain may
even tear nerve fibres apart. And in many other ways
it imposes modifications, and, of course, degradations,
on the mental and moral activities.

Usually, these lapses and defects in mental and moral
action are referred to a v^illful disregard for the princi-
ples of good sense and good morals. But the microscope
will dispel that misapprehension. It will disclose physi-
cal degeneration in nerve cells, nerve fibres, and nerve
centres, sufficient to explain some misconduct as the
child of disease, rather than of criminal will.

After a time the damage to the central nervous tissue
(when not excessive) becomes assimilated, or adopted,
by the constitution. That is, the human constitution
becomes modified. It takes on new and inferior char-
acteristics, and occupies a plane of existence lower than
belonged to its original nature. The important point is,
this bad constitution is liable to be reproduced in pos-
terity. Quite likely the newly-transmitted constitution
will differ in the forms of its exhibition from its parent.
It may take on some of its kindred forms. There may
be, for example, defective intelligence, as imbecility, or

BY ALCOHOLIC INFLUENCE. 61

defective physical structure, as hare-lip, or club-foot ; or
a defect in one or more of the senses, as deafness, and,
of course, dumbness ; or there may be defect in the brain
centres of co-ordination, through which the moral nature
and the sense of personal identity, and the ideas of
duties and responsibilites are exemplified. Through de-
fects in the physical instruments of the moral nature
within the brain, there is apt to be developed, through
heredity, the criminal constitution.

The property of alcohol, of inflicting physical unfit-
ness upon body and brain, opens a field of disaster,
whose extent is absolutely unlimited.

I have stated a few of the effects of alcohol upon
the human body and human mind. It is for others to
make specific deductions, and draw conclusions from
them, with reference to their bearing upon the personal
responsibility of the inebriate.

PROHIBITION AND INEBRIETY.

By Mary Weeks Burnett, M,D.

Member Medico-Legal Society, President National Temi^erance Hospital, etc.

In the many problems which have arisen through the
inter minghng of labor, in law and medicine, satisfactory
solutions have been most readily secured when the under-
lying causes have been made the basis of study. In view
of the fact, that there now exist many and great differ-
ences of opinion, in the Medical Jurisprudence of Ine-
briety, we need to keep prominently before us the causes
of, as well as the remedies for, inebriation.

Inebriety, or drunkenness, is a condition of mental
unsoundness or derangement, induced by the use of
intoxicating liquors. The law assumes, that he who,
while of sound mind, puts himself voluntarily into a con-
dition in which he knows he cannot control his actions,
may be considered to have contemplated the perpetra-
tion of his crime, and should suffer the legal conse-
quences of his acts. Drunkenness being apparently a
deliberative or voluntary act, of a presumably sound
mind, the law does not admit that it is a disease.

It is a rule in medicine that a mentally diseased or dis-
abled person is incapable of responsible motive or intent,
and should not be held respoDsible for acts committed

PROHIBITION AND INEBRIETY. 63

whil'j SO diseased or disabled. Medicine assumes that,
as inebriety or drunkenness is manifestly a condi-
tion of unstable or diseased mind, it is, therefore, a
disease, and the inebriate should be shielded from the
legal consequences of his acts. Each view contains
much truth, yet it is evident that the differences of opin-
ion, based as they are upon a study of results alone, are
irreconcilable. Into each case the elements of disease
or of crime may both or singly enter. The complica-
tions will forever present new opportunities for disa-
greement, and no conclusions can be reached except
by the yielding of one side or the other.

It is truly said, that inebriety and criminality are not
accidents nor causes, but the products, the results, of
causes.

What is the cause of inebriety ? Undoubtedly, hered-
ity and surroundings have a large predisposing influ-
en:e, but all medical authorities agree that the imme-
diate cause of the disease of inebriety is intoxicating
liquors.

Legal authorities agree that the immediate cause of
the crime of inebriety is intoxicating liquors.

Medicine and law, then, are in complete accord upon
the cause of the disease and crime of inebriety. May
we not hope to agree upon the remedy ? The highest
judicial power in the land, the power of which Washing-
ton said, '^ it is the chief pillar upon which our govern-
ment must rest," has clearly emphasized a remedy.

The Supreme Court of the United States, in its recent

64 PROHIBITION AND INEBRIETY.

decision based upon the 14th amendment, has declared
that ' ' the pubhc health, the public morals and the pub-
lic safety is endangered by the general use of intoxicat-
iny drinks, and that it is a fact established by statistics
accessible to every one, that the disorder, pauperism and
crime prevalent in this country, are in some degree at
least traceable to this evil. "

And it further states, in an opinion from which there
can be no appeal, that "the people of a State have a
right, under the 14th amendment to the Constitution, to
absolutely prohibit the manufacture and sale of intoxi-
cating liquors for other than medical, scientific and
manufacturing purposes." Here, then, seems to be out-
lined a medico-legal remedy for inebreism : the sup-
pression of intoxicating liquors as a beverage — in a word,
prohibition.

Three prominent objections have been raised against
prohibition as a remedy for inebreism :

1st. That prohibition is impracticable.

2d. That other measures present a more satisfactory
basis for the Medical Jurisprudence of Inebriety.

3d. That prohibition is not necessary.

Are these objections sustained by facts ?

1st. The Supreme Court of the United States has
declared that prohibition is entirely practicable. In cer-
tain places, where high State officials vie with each other
in violations of the law, it is true that the law may not
be enforced, but there is abundant evidence that where-
ever there is harmonious action, among the educated

PROHIBITION AND INEBRIETY. 65

forces of any community where prohibitory law has
been secured, the law is a success.

2d. That other measures present a more satisfactory
basis for the medical jurisprudence of inebriety.

Among the n.ost popular of the measures now being
tested are moral suasion, high license, local option, jails,
penitentiaries, inebriate and insane asylums. What real
promise is there in these ?

Moral suasion has little effect upon minds and bodies
writhing in the clutches of the drink power. Taking
the pledge will not redeem a drunkard, nor will it pre-
vent a man from becoming one.

License, high or low, makes intoxicating drink lawful,
and the drinking places are by it made the fashionable
and legal breeding-ground, of disease and vice and crime.
Local option can be voted in as a law one year, and
voted out the next, and in its very instabihty there is
great danger. We can name one of many instances.
A. R., a man of talent, with inherited narcotic suscepti-
bility, remained for years in a local option county, at a
great pecuniary disadvantage, for the sake of the safety
it afforded him from his appetite. But the liquor traffic
eventually prevailed over this temporary local option
law, and the man is now in prison for life as a result of
crime committed because liquor was not kept away
from him.

Asylums for the cure of inebriates are necessary now.
They serve a needed end in shutting the patients away
from liquor. But suppose we could shut the liquor

^6 PROHIBITION AND INEBRIETY.

away from the patients. The very large proportion of
the now victims of inebreism would, under careful non-
alcoholic medical supervision, be enabled to take their
places with the wage-earners and producers, instead of, as
now, being helpless dependents upon public and private
charity.

Our jails and penitentiaries are full of men, women,
boys and girls, committed for the crime of inebriety.
There is no assurance from past experience that they
will not, the moment they are free and again under the
influence of liquor, commit as grievous, if not greater
crime. More than this. Great numbers of those of neu-
rotic and narcotic susceptibilities, of hereditary and
acquired hyper-sensitive organisms, are daily and hourly
swelling the ranks of this great multitude, before which
the world already stands appalled.

Temporizing measures give no promise of a true solu-
tion of the problem.

3d. May not, then, the prohibition of intoxicating
liquors as a beverage be necessary ?

An authority says that ninety-five per cent, of those
who leave the Concord (Mass. J Eeformatory, go out with
a firm resolve to do right, and if they backslide it is
because of the evil influences and drink habits to which
they return. Other institutions of a like nature fur-
nish practically the same statement. Did space permit, I
could cite a large number of cases which have come
under my immediate observation, of men and women
leaving our hospitals, asylums or jails with firm hope in

PROHIBITION AND INEBRIETY. 67

a better future, who, within twenty-four hours, have
again become hopelessly overcome by the temptations to
drink which have met them at every step.

The will of the inebriate is helpless and imbecile in the
presence of temptation and opportunity. In the presence
of liquor the inebriate is uncontrollable, except by lock
and key.

Which is the greater wisdom, prevention or cure ?
Wliich should he under ban, the liquor or the man ?

Prohibition will remove from the inebriate both the
temptation and the opportunity.

Under the ruling of the Supreme Court, it is now in our
power to speedily make it impossible to obtain intoxi-
cating liquors as a beverage. Suppose the neurotic and
the narcotic susceptibles, the highly-endowed psychical
hyper- sensitives, the strong in animal forces, but weak
in will cases, could not have the taste for liquors aroused.
We would still have the insane and the criminal to deal
with, but in fewer numbers, and the disease and crime
due to inebriety would no longer be a perplexing com-
plication.

Shall we, who hold the wealth and the health of the
people in our hands, foolishly waste our forces strug-
gling in such a mire of bewildering phraseology as the
inebriety of insanity, the insanity of inebriety, volun-
tary and involuntary intoxication, delirium tremens and
other alcoholic seizures, when so simple and absolute a
remedy is at hand ?

These neurotic cases which so easily drift into disease

68 PROHIBITION AND INEBRIETY.

and crime, cannot be the subjects of the disease and
crime of inebriety until they have come under the influ-
ence of intoxicating hquors. There may be brain inca-
pacity or mental unsoundness, but the disease of ine-
briety cannot be grafted upon these conditions without
intoxicating hquors. Tliey cannot have the disease if
they cannot get the liquor.

Inebreism, whether manifested in disease or crime, or
both, can be wholly extirpated from the great catalogue
of medico -legal problems. Is there any valid excuse for
its continuance ?

THE POSSIBILITY OF AIR IN THE HEART IN
CERTAIN CASES OF INFANTICIDE,

BY P. w. HiGGiNS, M.D,, Cortland, N. Y.

In February, 1888, Maurice B. Congdon was tried in
the Court of Oyer and Terminer, in Cortland County,
for the crime of infanticide. On February 10th the jury
brought in a verdict of manslaughter in the second
degree, and he is now serving a sentence of twelve years'
imprisonment at Auburn.

There is little serious difference of opinion in regard to
the main facts of the case. The mother of the infant
was Nora Congdon, seventeen years of age, daughter of
the defendant. The defendant was probably the father of
the infant by his own daughter. One child had been
born of the same parent ige, two years before, and buried
immediately. This last infant was born April 30,
188Y, while the girl was alone in a room ; she called to
her father, who came up into the room and cut the
umbilical cord close to the body, as appears by the
girl's testimony before the Grand Jury ; he then grasped
the child's neck by the thumb and finger of one hand,
retaining his hold until life was extinct. With the
other hand he laid a cloth in the bottom of a tight tin
pail, laid the child in the pail on its right side, still
retaining his hold upon the child's neck^ threw the cloth

To THE POSSIBILITY OF AIR IN THE HEART

over it, took the pail by the edge and carried it out of the
house. Within an hour he buried the pail and its con-
tents in a field two feet below the surface.

On May 2 1st, twenty-one days after its burial, it was
exhumed, and the writer assisted the Coroner, George
D. Bradford, in the post mortem examination. It was
evidently a full term male child, 19f inches in length ;
the weight and measurements, and the appearance
of the nails, testicles, hair and skin corresponding.
It had been born alive, as shown by the evidences of
complete respiration. The lungs were light in color,
completely filling the enlarged chest. The anterior bor-
ders were rounded, that of the right lung within one-
quarter of an inch of the median line, the left three-
quarters of an inch ; crepitant in every part, and every
part floating high above the water. The pressure of 150
pounds applied twice to a portion from the base of the
lungs, did not destroy its capacity to float. In short, if
the hydrostatic test can ever prove anything, complete
respiration had occurred. An additional sign of live birth
was ihe congestion and extravasations which had occurred
above a line about the neck. Also, if the opinion of the
writer be allowed, the appearance of air in the heart.

The main blood vessels of the heart had been ligatured
in floating the heart and thymus gland, with the lungs,
for the hydrostatic test. On cutting into the cavities of
the heart, the auricles were found nearly empty. Both
ventricles were found filled with dark fluid blood mixed
wth an abundance of air bubbles or bubbles of gas. The

IN CERTAIN CASES OF INFANTICIDE. 71

significance of these was debated at the time, but not
clearly understood until it was too late to make some
observations which would render this paper more com-
plete.

Upon reflection, for there seems to be little literature
bearing upon this subject, there suggest themselves but
three possible sources for this appearance of air mixed
with the blood of the heart.

Perhaps the most natural theory is that the appearance
was due to gas, the result of decomposition. In answer
to a letter of inquiry, Professor A, L. Loomis, of the
New York University, writes that he has seen gas in the
heart, as the result of putrefactive changes, quite early.
This infant had been dead for twenty-one days. But it
lay in a tin pail buried in the clay subsoil, two feet below
the surface. The weather had been dry and the ground
was yet cold. In Wharton and Stille the statement is
found that the changes which would occur in one day
from exposure to the air, would require eight days in
ordinary burial. Considering the circumstances of burial
in this case, we should expect to find about the same evi-
dences of putrefaction that would occur from two days'
ordinary exposure. The signs of putrefaction actually
found were simply small spots of greenish discoloration
along the right side and on the outer side of that arm
and leg. The epidermis was loose and easily rubbed off
over the suggillation on the right side. There was no
odor of decomposition discoverable — there were no se-
rous or gas blebs anywhere in the interior Qt the body ;

{

72 THE POSSIBILITY OF AIR IN THE HEART

there was no softening of any organ except the brain,
which would not retain its shape when the membranes
were removed. At the base of the brain was an extrav-
asation of blood estimated at one ounce. The exact loca-
tion of this was in the sub-arachnoid space in the left
middle and posterior fossae of the cranium and also fill-
ing the upper part of the spinal canal. This blood was
dark and fluid, but not mixed with air or gas, although
the brain contiguous to it was softened. It is possible
that putrefactive germs may have gained entrance at
the cut end of the umbilical cord, and induced a change
in the blood even as far as the heart.

The cut end of the cord, however, showed no evidence
of decomposition ; a little dark fluid blood was noticed
upon it. A few experiments, made by exposing beef
blood to the action of the air, seemed to indicate that gas
is not developed easily from it ; at least, until the odor
becomes unbearable.

A second barely possible origin for the air found in the
heart, is suggested by the following case reported in
Beck's Medical Jurisprudence, Vol. II., page 213. It
reads as follows :

'^ In the case of a woman who had been strangled per
manum by two men, Littre found the tympanum of the
left ear lacerated, and from it flowed about an ounce of
blood ; the vessels of the brain were unusually turgid ;
red blood was extravasated in the ventricles, and also on
the base of the cranium ; the lungs were greatly dis-
tended, and their niembranes very vascular. Not more

IN CERTAIN OASES OF INFANTICIDE. Y3

than an ounce of blood, however, was contained in the
right ventricle of the heart, and it was fluid and frothy,
like that of the lungs."

In this case the air must have found its way through
the parenchyma of the lungs, into the pulmonary veins,
and so into the heart. If this were possible in any case,
it did not occur in this one. There was no sign of rup-
ture of the lung substance. The lungs were not even
engorged with blood. The absence of overfilling of the
internal organs ol the chest and abdomen is accounted
for in this case by the open umbilical arteries, affording
an outlet for a certain portion, and by the large amount
extravasated at the base of the brain, and filling the
veins of the brain and head. Also the less relative
amount of blood in the infant must be taken into consid-
eration.

The only theory remaining to account for the appear-
ance of air in the heart, would be that it was drawn in
through the cut end of the umbilical vein during the res-
piratory efforts while strangling.

That air may enter a vein, reach the heart, and cause
alarming symptoms or sudden death, is well known to
surgeons. The circumstances necessary for its occur-
rence are the opening of a large vein near the heart,
some reason for the cut end not closing from its natural
flaccidity, and a deep, gasping respiration to exercise suc-
tion. For this latter reason this accident was more com-
mon before the days of anaesthesia.

In the case under consideration all the elements neces-

74 THE POSSIBILITY OF AIR IN THE HEART

sary to the occurrence of this accident are present. But
one-quarter of an inch of the cord was left attached to
the body, unHgaiured. The violent, spasmodic move-
ments of the abdomen during strangulation would open
the umbilical vein intermittently at least. In through
this vessel, but a moment before, the whole of the infant's
blood had been coursing ; a distance of about two and one-
half inches would reach the vena cava, from which the
course is broad and direct to the heart. The suction
power exerted was the greatest possible. The return of
blood from the head — disproportionately large in the
infant — was entirely cut off from the heart. The heart
was beating wildly, with the tenacity to life belonging to
the new-born. This, vis-a-fronte, would tend to draw in
air through the open channel to supply the place of the
blood imprisoned in the head, and lost by the umbilical
arteries. Still more powerful would be the suction force
exerted by the respiratory efforts. With the trachea
compressed by the strangulation at the neck, none, or
very little air enters the lungs. This sense, of want of
air causes these efforts to become more severe. It is
easy to understand, that air will rush into such a vacuum,
if there be any avenue.

The explanation of these air bubbles being found in
both sides of the heart easily suggests itself. By the
foramen ovale, as yet partially open, the entering cur-
rent from the ascending vencava would still enter the
left auricle and so the left ventricle. The descending
current of blood being almost entirely shut off, the

IN CERTAIN CASES OF INFANTICIDE. 75

irregular action of the heart would naturally force the
blood into either side of the heart.

On removing the liver, the large blood vessels were cut
off just below the diaphragm. From these frothy blood
escaped. It is impossible now to say whether this was
from the aorta or vena cava.

If further research or observation in cases where no
suspicion of putrefactive origin be possible, shall show
that air is drawn into the heart in cases similar to the
one related, we may see that this sign will be an import-
ant one.

By a strange freak of the law, the killing of a foetus in
utero is criminal, and the killing of an infant fully born
is murder, while the destruction of a child during deliv-
ery is not a legal offence. The evidences of complete
live birth are remarkably few and unsatisfactory. If,
upon j90S^-morf em examination, this sign should be found,
it will be positive proof that death had not occurred until
after birth was complete. Nor could it have been pro-
duced until the cord — the last bond to the mother — had
been severed.

THE PROGNOSIS OF PELVIC CELLULITIS.''

By W. Thornton Parker, M.D. (Munich).
Medical Examiner Third District, Newport, R. I.

K. McW., a servant in the family of a wealthy sum-
mer resident at Newport, was ordered by her employer
to go to the stable and open the sliding door, so that the
coachman could drive into the barn. This occurred on the
afternoon of October 11, 1886. In her endeavor to obey
this order, the heavy door would not shde, but fell on the
girl, crushing her down. The girl was assisted to her feet
and returned to the house. She pluckily endeavored to
do her work, and said, as she then thought, that she
did not consider herself seriously hurt. The morning
after the accident she spat blood, and complained of
pain in her side. There was considerable physical dis-
turbance ; menses increased, with tenderness in left side
and in spinal dorsal lumbar region. Tuesday night she
had a smart vaginal hemorrhage. Quantity of water
(urine) increased. For two days following, symptoms of
prolapse were complained of. An attempt to make vag-
inal examination reveals an almost imperforate hymen.
The examination was concluded with great difficulty,
owing to pain. Pelvic cellulitis was diagnosed.

The general condition of the patient continued to be

* Read at the January meeting of the Medico-Legal Society of Rhode
Island, and before the Medico- Legal Society of New York.

THE PROGNOSIS OP PELVIC CELLULITIS. 77

very unsatisfactory. She was confined to her bed under
treatment for a week or ten days, after which she
seemed to be gaining slowly. On the 30th of October
she went on to New York City, to be with her relatives
for the winter. The journey was a severe one for her,
and she lost ground by the pain and weariness of
travel.

May Yth she returned again to Newport. Pelvic cellu-
litis still present, and a large swelling in the left
inguinal region is still evident — there is great tenderness,
general feebleness and depression of spirits. As already
stated, upon vaginal examination, the girl was found to
be a virgin, the hymen being present and unruptured.
Vaginal examination is still very painful, and causes
symptoms of fainting. The local and constitutional
treatment is still continued, but anodynes are less fre-
quently employed. The fact of her being a respectable
and virtuous woman is proved quite clearly by the pres-
ence of a well-defined hymen ; but if this be denied on
account of one or two cases where the membrane has
been said to have been found in prostitutes, we can cer-
tainly assume that, generally speaking, the hymen is
proof of virginity, if we can claim to have any medico-
legal proof whatever.

The strength and general intactness of the hymen sat-
isfied me, however, that no speculum had been intro-
duced, and that the pelvic cellulitis was not due to severe
and unreasonable treatment by some medical attendant .
I have had under my care a young woman who suffered

78 THE PROGNOSIS OF PELVIC CELLULITIS.

for weeks with pelvic cellulitis, after rough and
so-called heroic treatment of a female physician, but in
this case no medical man had attended the girl for some
years, if I have been correctly informed ; for up to the
time of the accident she was strong and healthy, and of
cheerful spirit, willing to make herself useful and to
earn her wages by honest toil.

All of our medical authorities agree as to the danger-
ous character of pelvic cellulitis and the permanence of
the injuries usually induced, and the possibility of a
rapidly fatal termination in a large number of cases.

In this case we must decide that pelvic cellulitis could
have no other cause than the external injury which the
poor woman received, and for which she sought our
relief.

Pelvic cellulitis follows :

1. Paiturition (labor).

2. Abortion.

3. Accidents in labor, such as the use of instruments.
It is doubtful if the disease can at all originate with-
out violence.

4. Strong vaginal injections can cause it, also syring-
ing with cold water after coitus, to prevent conception.

5. Immoderate coitus, hard pessaries.
Y. Mechanical injuries from accidents.

All except the last are ruled out of this case, because
the woman was positively and without doubt a virgin,
and no entrance had ever been made into the vagina by
anything whatever until examined for this very injury.

THE I'ROGNOSlS OF PELVIC CELLULITIS. 79

The case^ then, is one of pelvic celluHtis following external
causes, inflicting internal injuries.

Pelvic cellulitis is an inflammation of the cellular
tissue surrounding the uterus and other pelvic organs,
and extending up betv^een the folds of the peritoneum,
which form the broad ligaments of the uterus — at least
this is wiiere pelvic cellulitis is most common. We have
first a condition of congestion, the cellulitis gradually
extending, but it was during the stage of formation that
the poor woman hoped that she was all right. Gradually
the injury asserted itself, until, worn out by her brave
and patient efforts, she succumbed to the now established
physical ailment, and sought professional relief.

From the moment the accident occurred until to-day,
the development of the case has been complete and the
diagnosis of the disorder verified by its course. We are
striving in the treatment of such cases to avert the most
serious results. The usual results of pelvic cellulitis are
these :

Health impaired for at least many months. Conva-
lescence, if at all possible, tedious and prolonged. Ster-
ility almost certain. Adhesions interfering with the
growth of the uterus. The reproductive organs seriously
and probably permanently damaged by destruction of
the ovaries. Septicaemia, thrombosis and pulmonary
embolism liable to occur and to cause death. The patient,
in point of fact, becomes a permanent invalid, and
finally succumbs to some form of tuberculosis.

We must admit the severity and serious danger of this

80 THE PROGNOSIS OB" PELVIC CELLULITIS.

accident. I have tried to explain the special features of
this case. It may be claimed that there is no proof that
the woman did not overestimate her injuries, when in
point of fact the poor woman did not and cannot realize
the full extent of the hurt she has received. First, we
have positive proof that the woman sustained an injury.
Certainly the evidence shows that she was in a position
to have sustained all and every injury her counsel
claimed for her. Certainly the burden of proof should
rest with the defense. Secondly, we have proof that a
serious internal injury developed shortly after the acci-
dent and in regular course ; and, thirdly, we have proof
that the only chances by which this case could have
developed from any other cause are wanting, because
physicians have testified that the woman, when exam-
ined, was found to be a virgin, and that consequently
these injuries did not arise from any examination, appli-
cation or erroneous treatment, but only by what did
actually occasion them, the accident.

Dr. H. R. Storer, whose great experience and admir-
able judgment is generally admitted by the medical pro-
fession of all lands, was early in attendance upon this
case, and yet against his opinion, and that of the other
medical attendant, and without any professional defense,
the counsel for the defendant did succeed in obtaining a
disagreement of the jury.

Now the medico-legal interest in this case is in the
query whether I have rightly or wrongly assumed that
pelvic cellulitis is the sequence of violence. Is it at aU

THE PROGNOSIS OF PELVIC CELLULITIS. 81

likely, or is it even possible for pelvic cellulitis to develop
idiopathically ? T think the medical profession will sus-
tain me in my position, and at least allow that med-
ical literature does not afford cases where pelvic cellulitis
has originated without some marked and noticeable
exciting cause. The general history of the case is inter-
esting, and I believe it is one which is not likely to be
rare in medical annals.

Are we not justified in claiming for our patients pecu-
niary compensation for such injuries on the theory that
they have been seriously, and even permanently injured ?
In this particular case we had a poor young woman pen-
niless, struggling for what she deemed a legal right to
compensation against one of Newport's wealthiest sum-
mer visitors — a gentleman of not only large means and
considerable influence, but defended by one of the most
learned and eloquent lawyers in New England. Consid-
ering the fa?ts as stated to be correct, did^ the poor
girl receive justice ? I for one am sure that she did not.

At the second trial, the case was won by the plaintiff*,
with $1,000.00 damages.

Newport, R. I., June 20, '8Y.

TRANSACTIONS.

MEDICO-LEGAL SOCIETY, APRIL SESSION.
Presidency of Clark Bell, Esq.

April meeting was held on the 11th day, at Bucking-
ham Hotel. Minutes of March meeting were read and
approved. In absence of Secretary and Assistant Secre-
tary, M. EUinger acted as Recording Secretary.

The following active members, proposed by Clark Bell,
Esq., were, on recommendation of the Executive Com-
mitte, duly elected :

Arthur S. Wolff, M.D., Brownsville, Texas ; Dr. R. E.
Young, Sup't. State Asylum, No. 3, Nevada, Mo. ;
George B. Twitchell, M.D., Sup't., Keene, N. H.; S.
Preston Jones, M.D., Sup't. Stockton Sanitarium, Mer-
chantville, N. J.; Morris H. Stratton, Esq., Salem, N. J.;
J. B. Gaston, M.D., Montgomer}^, Ala.; Dr. J. S. Dor-
sett, Sup't. State Asylum, Austin, Texas ; Henry
Palmer, M. D., Surgeon- General , Janesville, Wis.; Dr.
Granville P. Conn, Concord, N. H., Sec'y State Board of
Health ; John W. Ward, M.D., Sup't. N.J. State Asylum,
Trenton, N. J.; Hon. Gustave Cook, Houston, Texas,
Judge Criminal Court ; F. H. Clarke, M.D., Sup't. East-
ern Kentucky Lunatic Asylum, Lexington, Ky. ; Hon.
Daniel Barnard, Attorney-General of N. H., Franklin,
N. H. ; Cyrus K. Bartlett, M.D., Sup't. Minnesota Hos-

TRANSACTIONS. 83

pital for Insane, St. Peter, Minn. ; James D. Moncure,
M.D., Eastern Lunatic Asylum, Williamsburgh, Ya. ;
Dr. C. A. Rice, Sup't., etc., Meridian, Miss.; Dr. B. F.
Eads, Marshall, Texas ; Dr. A. N . Denton, Austin, Tex. ;
Drs. M. B. Sullivan, Jas. W. Bartlett, Paul A. Stackpole
and Carl H. Horsch, of Dover, N. H.; Dr. R. Rutherford,
State officer, Houston, Texas ; Dr. Michael Campbell,
Sup't. Eastern Hospital for Insane, Knoxville, Tenn.

The following active members, proposed by Dr. W. J.
Lewis, of Hartford, were also duly elected :

Professor Frank L. James, editor St. Louts Medical
and Surgical Journal, of St. Louis, Mo.

Dr. Geo. W. Brown, of St. Louis, Mo.

Bradley W. Lee, Esq., of the St. Louis Bar, 417 Pine
street, St. Louis ; Dr. I. P. Kligensmith, of Blairsville,
Pa., proposed by Dr. E. P. Thwing; Dr. Henry B. Baker,
Secretary State Board of Health, Lansing, Mich., pro-
posed by Dr. W. G. Stevenson, were also elected active
members.

Dr. L. Th. Pompe, Superintendent of the Asylum for
Insane called ^^Coude water," at Rosmalen, Holland,
was, on motion of Clark Bell, Esq., and on recommenda-
tion of the Executive Committee, duly elected a corre-
sponding member. The following papers were read :

The Menopause in Relation to Insanity, by T. R^
BuCKHAM, M.D., Flint, Mich.; The Prognosis of Pelvic
Cellulitis, by W. Thornton Parker, M.D., Medical
Examiner, Newport, R. I. ; The Medical Jurisprudence
of Inebriety, by Mary Weeks Burnett, M.D.

84 TRANSACTIONS.

The paper by Dr. Burnett was discussed by M. Ellin-
ger and others.

President Bell announced the death of our late member,
Hon. W. A. DoRSHEiMER, and made remarks as to his
character, official position and life. Mr. Bell said he had
known Mr. Dorsheimer for twenty years. He alluded
to his position as Lieut. -Governor, as member of Con-
gress, as United States District Attorney for this District,
his literary tastes and his position latterly as editor of
one of the leading daily newspapers, and the esteem in
which he was held by a large circle of friends. A letter
from his late law partner, Hon. David Dudley Field, was
read expiessing regret at not being able to be present, and
extolling the character of the deceased. Eemarks were
made by Albert Bach, M. Ellinger and others.

Mr. Bell then announced the death of Hon. Charles
Hughes of Sandy Hill, N. Y., our late active member,
and paid a tribute to his memory, reading the resolutions
adopted at the Washington County Bar, on the occasion
of his death.

The death of Cornelius A. Eunkle of the New York
Bar was announced by the chair, who spoke feelingly
of Mr. Eunkle's character and merits, and to the general
expression of regret that his death had occasioned among
the Bar and the Press of the city. M. Ellinger and
Mr. Bach also spoke.

Mr. Bell then announced the death of our late corre-
sponding member, Dr. J. N. Eam^r, Inspector of the
Insane Asylums of Holland. Mr. BeU said Dr. Eamaer

TRANSACTIONS. 85

was the foremost of the ahenists of Holland. Born in
1817, a graduate of the University of Groningen, a pupil
of Vander KoLK, he was, on the latter's recommendation,
made superintendent of the Insane Asylum at Zutphen,
in January, 1842, where he remained till 1863, when he
was appointed superintendent of the asylum at Delft,
where he remained till 1861), when he removed to the
Hague, in medical practice, till his appointment, in 1872,
as General Inspector of the Dutch Asylums by the gov-
ernment.

Dr. Ram^r was largely influential in the amendments
adopted in Holland in October, 1884, amending the
lunacy laws of that country. He was the founder and
ex-President of the Dutch Society of Psychological
Medicine, and an honorary and corresponding member
of various societies in Europe, beside our own.

Mr. Bell read a letter from Dr. L. Th. Pompe, accepting
the honor of corresponding member of the Society,
enclosing a portrait of Dr. Ram.^r, and donating a copy
of his report on *' Coude water " to the Medico-Legal
Society of New York.

The chair laid before the Society the form of the
record of post-mortem examinations adopted by the
Massachusetts Medico-Legal Society, and in force among
the Medical Examiners of that State, which specifies the
manner of conducting autopsies, and schedules the
detailed report in writing to be made and signed by
the physician, making the autopsy, and characterized it
as the fullest and most complete that had hitherto
received official endorsement in this country.

86 TRANSACTIONS.

He felt, that in view of the careless manner of con-
ducting autopsies in coroners' cases, that there was a
public necessity for concerted action, and perhaps legis-
lation on the subject.

1. Should autopsy be made in all such cases by law ?

2. What should such an autopsy be, and what should
it show ? And should not some provision be made to
have such post-moi^tem examinations so conducted and
officially reported as to answer any question that might
arise after the decomposition of the remains ?

He suggested that the Massachusetts form, which, if
he correctly understood the matter, was substantially
that of ViRCHOw, and the subject, be referred to a select
committee.

On motion, the recommendation was approved unani-
mously, and the chair directed to name a committee of
five. The chair named as such committee. Dr. Frank L.
Ingram, Dr. Peterson, Prof. E. 0. Doremus, Dr. Mat-
thew D. Field and Dr. W. G. Stevenson.

The Society then adjourned.

MoRiTz Ellinger,
Secretary pro. tern.

MAY SESSION, 1888.
Presidency of Clark Bell, Esq.

May meeting, 9th May, 1888, was held at Buckingham
Hotel.

The following gentlemen were, upon the recommen-
dation of the Executive Committee, elected members ;

TRANSACTIONS. 87

Corresponding — Proposed by Clark Bell, Esq. :

Dr. Semal, Medical Superintendent of the Insane
Asylum at MoNS, Belgium, and President of the Society
of Mental Medicine, of Belgium.

Dr. KuYSCH, of the Hague, Holland, Inspector-General
of the Insane Asylums of Holland.

Dr. Prius, Inspector- General, of the Prisons of Bel
gium.

ACTIVE MEMBERS.

Daniel L. Brinton, Esq., 227 St. Paul street, Baltimore,
Md.; 0. Wellington Archibald, M.D., Superintendent
Insane Asylum, Jamestown, Dakota ; Dr. W. C. Mc-
Farland, 54 W. 26th street, New York ; Eugene Grissom,
M.D., Sup't. Insane Asylum Kaleigh, N. C. ; W. W.
MacFarlane, M.D., Sup't. Insane Asylum Agnew, Cal. ;
Dr. H. K. Pussey, Sup't. Kentucky State Asylum,
Anchorage, Ky. ; Dr. E. P. Sale, President State Board of
Health, Aberdeen, Miss.; W. W Godding, M. D., Sup't.
Government Hospital for Insane, Washington, D. C,
Dr. T. R. Chew, San Antonio, Texas ; Dr. D. M. Clay,
Shreveport, La.

Proposed by M. Ellinger, Esq.: Morris Goodhart, Esq.,
45 William street; Sigismund Waterman, M.D., 131 East
59th street.

Proposed by N. S. Giberson, M.D.: Professor J. 0.
Hirschfelder, of Cooper Medical College, San Francisco,
Cal.

Proposed by E. W. Chamberlain, Esq. ; Dr, Thomag
Cleland, 354 West 22d street.

88 TRANSACTIONS.

Professor Thwing, Chairman of Committee on Hyp
notism, reported, that the committee, as organized,
desired to be discharged from the further consideration
of the subject, which, on motion, was ordered.

It was moved and carried that the President name a
new committee on Hypnotism.

The Chair laid before the Society communications
from Society of Mental Medicine of Belgium, embracing
publications made in the Bulletin of that Society for
1888, No. 4:S.—

1. The Classification of Mental Diseases, adopted by the
Society of Psychiatry, of St. Petersburg, Russia, through
the International delegate. Professor Meirzejewski.

2. The action of a commission upon the same subject
named by the Societe Phreniatrique Italienne, in Sep-
tember, 1886, composed of Professor Verga, President ;
Signor Biffi, Vice-President of that Society ; Signer
BoNiFiGLi, Superintendent of Asylum at Ferrane ; Funa-
lOLi Paola, Professor and Director of Asylum at Sienne ;
Signor Morselli, Professor University at Turin ; Signor
Raggi, Director Asylum at Voghera, and Professor of
the University at Padua ; and Signor Tamburini, Direc-
tor of Asylum at Reggio-Emilio, and Professor of the
University at Modena, Secretary.

3. The classification for the United States of America,
adopted at the Congress of Alienists, held in Saratoga,
in Sept., 1880, and transmitted by the international dele-
gate, Clark Bell, Esq., to the Belgian Society, with an
enumeration of the various societies and associations

TRANSACTIONS. 89

represented at that Congress, a list of its officers, and
a resume of its transactions.

4. The report of Dr. Ram^k, the international dele-
gate from Holland, enclosing the basis of classification
proposed by him, with his views upon the whole
subject.

This report was received and ordered placed on file.

Professor Thwing then read a paper on Inebriety,
which was discussed by Dr. Isaac Leavis Peet, Mr.
Albert Bach and others.*

Dr. Isaac Lewis Peet: — "I wish to say that Dr.
Thwing's argument seems to me a very strong one, that
there are reasons in the life of the citizens of this
country which make it of special importance that the
view expressed by him receive attention. I am glad he
has given this paper, in which I concur."

Albert Bach : — "Mr. President, I cannot assent to the
broad statement of Dr. Thwing, that total abstinence is
necessary for all persons living in our city. I do not
believe that his assertion in that direction is borne out
by statistics. It is true, that owing to a sharp, active
competition in mercantile and other pursuits, a largo
number of our citizens evidence a certain restlessness,
impetuosity and nervous excitability in their movements,
but to claim that therefore they should abstain from all
use of stimulants of any kind, in my opinion, is going

*The paper by Dr. Thwing will be found in the book, on the Medical
Jurisprudence of Inebriety, just published by the Medico-Legal Society of
New York, unavoidably crowded out of our columns.

90 TRANSACTIONS.

too far. I accept and advocate the doctrine of modera-
tion for every one, irrespective of the atmosphere in
which we hve, but look upon the theory of total absti-
nence not only as impracticable, but unnecessary of
universal application. The use of stimulants is often
essential to build up an overstrained physical system.
Dipsomaniacs are the exceptions among the masses of
our community, and it is, I submit, absurd to argue that
moderate indulgence leads, even in a majority of cases,
to alcoholism. Inebriety has been considered, in most of
the papers read before this Society, as a disease ; when it
is, I concede it should be medically treated as such, but
the effect of constant, excessive use of stimulants is not
to be generally predicated, of occasional use of the same.
I consider the extremists on the subject of ptohibition,
fanatical ir their desire for an indiscriminate application
of their rule. Abstemiousness should be our banner
word, not prohibition. Heredity has much to do with a
love of liquor, and natural inclinations and disinclina-
tions of individuals should be taken into consideration
when discussing the propriety of prohibitory laws. The
lateness of the hour prevents my saying more on this
subject."

In the absence of the author, Mr. E. W. Chamberlain
read a paper by Daniel Brinton, Esq. , of the Baltimore
Bar, entitled ^^Eapeby Boys."

The Treasurer read a paper by W. Thornton Parker,
Medical Examiner at Newport, R. I., on a ''Case of
Supposed Abortion,"

TRANSACTIONS. 91

The President then made a report in detail on the prog-
ress of the work of Nationahzing the Society.

President Bell. — After the action of the Society rec-
ognizing formally the recommendation of the President
in his '' Inaugural Address," in regard to extending the
lines of influence of this Society throughout the Union,
this circular letter was prepared, to be sent to prominent
men, throughout the Union and the Canadas, in both
professions :

Medico-Legal Society, Office of the President,
57 Broadway,

New York, February, 1888.
(Dictated.)

My Dear Sir :

It is proposed to nationalize the Medico-Legal Society by extending its
membership into each State and Territory of the Union, where members do
not now reside, and to elect at least ten names in each.

We have at present members in all the States except eight, and in all the
Territories except four, and steps will at once be taken to address distin-
guished and representative men in those States and Territories,

We wish to be on more intimate r<'lation with those men in each State
who take an interest in Medical Jurisprudence, and w^e shall ask judges,
and prominent men in both professions, in each of the States and Territories
to unite, with a view of placing the Science in Ameiica upon a higher and
more important basis, which, if successful, cannot fail to be of the greatest
possible advantage, and add to the dignity and usefulness of both professions
in America.

The plan proposed is —

First — To reduce our annual dues to members residing outside of the
State of New York to $2.00 per annum. Initiation fee, $5.00.

Second— We shall send the Jouknal free to active members, the sub-
scription price of which alone is $3.00 per annum.

Third — We now vote by mail (by ballot) at our annual elections, and
the presence of members at meetings is not iudispeusable. The Journal
contains full accounts of our transactions and the papers read.

Fourth. — We propose to elect a Vice-President of the Society from each
State and Territory, and to ask members from each to report all cases of

92 TRANSACTIONS.

interest to the Editor, or the President of the Society, with a view of bringing
the study of the science and of all questions arising within this country, at
once to the attention of the Society. This plan has met the approval of
distinguished men in various sections of the Union. Judge Somerville of
the Supreme Court of Alabama, and Dr. P. Bryce, Superintendent of the
Scate Lunatic Asylum at Tuscaloosa, will lead the movement in that State,
and have consented to favor it actively in the Southeastern States.

Governor Robert S. Green and Judge C. G. Garrison, of New Jersey, will
lead in that State. Dr. Joseph Jones in Louisiana ; Professor J. J. Elwell,
Rev. William Tucker, of Mt. Gillead, C. H. Blackburn of Cincinnati, in
Ohio ; Dr. McClelland, of Kuoxville ; Dr. Horace Wardner, Superintendent
at Anna, Dr. E. J. Kilbourne, Superintendent at Elgin, Dr. D. W. Aldrich,
Mayor of Galesburgh, and some friends in Chicago, will lead in Illinois ;
Dr. J. Draper, Superintendent of State Asylum at Brattleboro, in Vermont ;
Dr. Thomas O. Powell, of State Asylum, Milledgeville, in Georgia; Dr. D.
W. Yandell in Kentucky ; S. Hepburn, Jr., of Carlisle, Pennsylvania ;
ex-Governor Hoyt, of Philadelphia, Dr. George B. Miller, Dr. Alice Bennett,
Mrs. M. Louise Thomas, in Pennsylvania ; Dr. W. B. Fletcher, Dr. O. H.
Kellogg, in Indiana ; Dr. Jennie McCowen, of Davenport, Dr. Gershom B.
Hill, Dr. F. E. Crittendon, in Iowa ; William M. Taylor, Vice-President
of the Connecticut Mutual Life Insurance Company, and Dr. Gieb, of
Stamford, Dr. J. S. Butler and Dr. W. B. Lewis, of Hartford, will lead in
Connecticut ; Judge J. C. Normile, of the Criminal Court in St. Louis, and
Dr. R. E. Young, Sup't of the State Asylum, at Nevada, will lead
in Missouri, aided by distinguished members of both professions ; Dr.
Middleton Michel, of Charleston, S. C, in that State ; Dr. T. R. Buckham
and Professor V. C. Vaughan, in Michigan ; Dr. Ira Russell, Dr. Ed. J.
Cowles, Dr. Frank K. Paddock, in Massachusetts, while prominent gentle-
men in various other States have consented to aid the movement.

I send herewith current number of the Medico-Legal Journal, or copy
transactions, which contains a list of our active and corresponding members
at the end of last year. As this movement will be addressed largely to the
judiciary and upon the legal side, it may be proper to mention the following
judges and ex- judges in this State who are now members of this body;

Ex-Chief Justice Noah Davis, Judge Miles Beach, of the Supreme Court,
ex-Judge Richard W. Busteed, ex-Surrogate D. C .Calvin, ex-Judge John R.
Dillon, ex-Judge A. J. Dittenhoefer, ex-Judge Charles Donohue, District
Attorney John R. Fellows, ex-Judge S. Burdett Hyatt, ex-Judge M. S.
Isaacs, Judge George L. Ingraham, ex-Judge J. P. Joachimson, ex-Judge
J. II. McCarthy, (/hief-Justice David McAdam, ex-Judge Marcus Otter-
berg, Judge Calvin E. Pratt, Chief- Justice Sedgwick and ex- Judge
G. M. Speir.

TRANSACTIONS- 93

Your name has been banded me by
with a request that I write to you and ask you to lend your name to the
movement in your State.

If this meets your approval, sign enclosed consent and I will propose
your name for membership.

I will thank you to send me the names and addresses of such leading
men of both professions, in your State and the States adjoining your own,
as you think will be likely to unite with this body in the proposed
movement.

I remain, sir, with great respect,

Very respectfully yours,

Clakk Bell.

That letter has been sent to about five hun-
dred gentlemen, asking them to send them to per-
sons interested in the subject in their States. Some
members of the Society also have been furnished with a

few copies of the circular, which they have sent to
friends. Enclosed in this letter has been sent a copy of

the committees which were named in the various States,
additions to which have been made to-night, where they
did not exist at the time this circular was prepared. The
responses which have been made to this proposition
have been, to my mind, something extraordinary. These
circulars have been sent to men most prominent in the
various States, men occupying prominent positions in
each profession, and I have to announce to you that
commencing with the January meeting, which is hardly
within the scope of the movement, up to the present
meeting, one hundred and fourteen active members, and
seven corresponding members, have united with this
body, making in all one hundred and twenty-one new
members.

TRANSACTIONS.

The medical members will be surprised and pleased to
know how splendidly this movement has been aided by
the medical superintendents of insane asylums.

I have not written them all, because it requires,
besides the circular, an additional letter, and the pres-
sure of my private business has been so great that
I have not had the time to devote to it. I wish I had.
But we have elected twenty-seven superintendents of
asylums, since the January meeting, to this body. I
enclose a list of these gentlemen, who are the leading
representative alienists of the Union, with some of the
leading officials who have united :

Superintendents of Asylums.

T. Bryce, Tuscaloosa, Ala.

Emmett C. Dent, Blackwell's Island,

New York,
Ed. E. Wliitehorne, Batavia, 111.
Thos. O. Powell, M.D., Milledgeville,

Georgia.
Dr. J. Draper, Brattleboro, Vt.
Dr. E. J. Kilbourne, Elgin, 111.
Dr. H. Wardner, Anna, 111.
Dr. R. E. Young, Nevada, Mo.
Dr. Fred. Peterson, Asst. Physician.
Dr. D. R. Wallace, Terrell, Texas.
Dr. E. R. Burrell, Canandaigua, N. Y.
Dr. S. B. Buckmaster, Mendota, Wis.
Dr. G, B. Twitchell, Keene, N.H.
Dr. S. Preston Jones, Merchantville,

New Jersey.
Dr. J. S. Dorsett, Austin, Texas.
Dr. J. M. Ward, Trenton, N. J.
Dr. F. H. Clarke, Lexington, Ky.
Dr. C. K. Bartlett, St. Peter, Minn.
Dr. J. D. Moncure, Williamsburgh,

Virginia.

Judges, District Attorneys and Officials.

Judge H. M. Somerville, Mont-
gomery, Alabama,

Ex-Governor Hoyt of Pennsylvania.

Prof. Vaughan, of Ann Arbor, Mich.

Judge M. B. Montgomery, Wash-
ington, D. C.

Dr. D. W. Aldrich, Mayor Gales
burgh, 111.

Hon. Henry Robinson, Concord,
New Hampshire.

Judge Normile, St. Louis, Mo.

Judge Erlich, New York.

Hon. H. C. Tompkins, Alabama.

Dr. Arthur S. Wolff, Texas.

Dr. H. Palmer, Surgeon-General,
Wisconsin.

Dr. Henry B. Baker, Secretary
State Board of Health, Michigan.

Judge Gustave Cook, Texas.

Hon. Daniel Barnard, Attorney-
General of New Hampshire.

Dr. R. Rutherford, Health Officer,
Texas.

TRANSACTIONS. 95

Superintendents of Asylums. Judges, District Attorneys and Officials.

Dr. C. A, Rice, Meridian, Miss. Prof. Frank L. James, St. Louis

Dr. Michael Campbell, Knoxville, Medical Journal.

Tennessee. Daniel L. Brinton, Esq., Baltimore

O. Wellington Archibald, Jamestown, Bar.

Dakota. Dr. E. P. Sale, President Missis-

Dr. E. Grissom, Raleigh, N C. si ppi State Board. of Health.

Dr. W. W. Godding, Washington, D. C. Prof. J. O. Hirschfelder, of Cali-

Dr. H. K. Pusey, Kentucky. fornia.

Dr. W. W. MacFarlane, California. Prof. C. H. Boardman, State Uni-

Twenty-six in number. versity of Minnesota.

John M. Taylor, Vice-President of Frank H. Howard, Esq., Los

Connecticut Mutual Life Ins. Co. Angeles, California.
Governor R. S. Green, New Jersey.

This is a most cheering and gratifying result. You
can hardly measure or estimate, the extended influence
this is to bring to the usefulness of this Society through-
out the United States, and indeed North America. I
hold in my hand many letters from gentlemen through-
out the States, who express the warmest sympathy.

We have elected twelve from New Hampshii'e, eight
from Texas, twenty-three from New York, four each from
Pennsylvania, Wisconsin, Georgia and Michigan, eight
from Missouri, nine from New Jersey, five each from
Alabama and Illinois, three each from Connecticut,
Kansas, Kentucky, Louisiana, Mississippi, Massachu-
setts, Minnesota and Virginia, with several additions from
other States, so that West Virginia, Maine, Delaware and
Arkansas are the only States in which we have not
members at this moment.

It has occurred to me, that this would be the most grat-
ifying announcement I could possibly make to the Society.
To my mind, this is one of the most extraordinary

9G TRANSACTIONS.

sfcatements that any official of this Society has ever been
called upon to make. We have, as you are aware, called
an International Congress of Medical Jurisprudence, and
have issued circulars to the scientific world, and fixed
the time for the Congress to commence on the first
Tuesday in June, 1889, and decided that it be held for
four days.

I have already received many letters from men who
desire to be present. Men from all parts of the world
will be invited. Those who come will be entertained by
members of the Society at their homes, and at that Con-
gress members of the Society residing outside New York
City will find it a good time to visit us. A preliminary sub-
committee of arrangements has been appointed; the full
committee of arrangements will be made later on, when
it becomes necessary to take hold of the work. Dr.
Charles H. Hughes, the talented editor of the Alienist
and Neurologist, has notified mo that he will read a
paper. W. W. Godding, Superintendent of Government
Asylum of the Insane at Washington, announced that
he would also read a paper on that occasion.

I desire to allow the Society to be aware of the steps
taken. I have no doubt that we shall increase the mem-
bership very largely by the early autumn. There is only
one more meeting of the Society before the summer
vacation. I have no doubt that these figures which
have been given will be more than doubled, and that
the usefulness and interest in this body, and its lines of
influence, will be extended far beyond anything we
have ever hoped or expected."

TRANSACTIONS. 97

The resignation of Clark B. Augustine as Assistant
Secretary, being presented, who was unable to give the
necessary time to the discharge of the duties of that
office, it was, on motion, accepted. By unanimous con-
sent the by-law was suspended requiring one month's
previous notice of nomination of candidates, and the
Society, on motion, proceeded to elect an Assistant Sec-
retary. Dr. Frank H. Ingram, having received the
unanimous vote of the Society, was declared elected.

On recommendation of the Executive Committee, the
date of the International Congress was fixed for the first
Tuesday in June, 1^89, to continue four days, in the City
of New York.

The Secretary laid before the Society a contract dated
May 8, 1888, between the Medico-Legal Journal Asso-
ciation and this Society, by which this body subscribed
for the Medico-Legal Journal, Vols. 6 and 7, for all its
members, and for one hundred copies for its exchanges,
which had been executed by the Presidents and Secre-
taries of both bodies ; which was read and ordered filed.

On motion, the contract was duly approved in form,
and the action of President and Secretary in signing
tlie same duly approved.

The paper of Dr. W. Thornton Parker was discussed
and criticised by Dr. Peterson, who said : ' ^ It seems to
me that the method of post-mortem examinations has
been made too cursory, because any medical exam-
iner who is called to investigate a suspected criminal
case, should examine the organs of the chest and head.

^S TRANSACTIONS.

I think, where a person is found dead, a thorough exam-
ination should be made in all medico-legal cases.''

Mr. Edward Chamberlain : — '' I would like to ask the
gentleman if he suggests the examination of the chest
and head, as bearing upon this possible crime of infanti-
cide or abortion in any way, or merely as a matter of
ordinary precaution, with no relation to this paper. If
so, is it possible that this examination may be omit-
ted by the author of this paper, who did not consider
it necessary.

Dr. Patterson : — ^^The writer of the paper was called
in to ascertain the reason of death. He examined the
body as it is done in other medico-legal cases in this
country, but he ought to have examined the os, as well
as the stomach."

Dr. Matthew Field : — ^^ I would say just one thing,
which is important to ascertain, whether the woman
was married before ? He does not make any statement
dealing on this subject."

President Bell : — ^' The Chair has had no correspond-
ence with Dr. Parker, and the only knowledge he has
on the subject is the paper contributed."

The Chair announced the addition of the following
names on the Committee on Nationalization, viz.:

Dr. D. M. Clay, of Shreveport, La., in place of Dr.
Joseph Jones, whose state of health forbids his serving.
Hon. Daniel Barnard, Attorney- General of New Hamp-
shire, in place of Dr. C. P. Frost, resigned. Dr. C. A. Rice,
Sup't. of the State Asylum at Meriden, for Mississippi.

TRANSACTIONS. 99

Dr. Michael Campbell Supt. State Asylum, of Knoxville,
for the State of Temiessee. Dr. D. R. Wallace, Sup't.
State Asylum of Terrell, for Texas. Dr. W. W. Godding,
Sup't. Government Hospital for Insane, at Washington,
for District of Columbia, and Dr. 0. Wellington Archi-
bald, Sup't. Insane Asylum at Jamestown, for Dakota
Territory.

The Chair stated that he would hereafter announce
the Committee on Hypnotism.

The Society then adjourned.

Albert Bach, Secretary.

MASSACHUSETTS MEDICO-LEGAL SOCIETY.

Rooms of the Boston Medical Library Association.

June 12, 1S88.

The eleventh annual meeting was called to order at
12:15 p. M., by President Winsor.

Present, sixteen members.

Reading of the record of last meeting was postponed.

The Treasurer made his report, showing a balance of
$26.85 in the treasury at date.

The report was adopted, and an assessment of three
dollars was declared.

The President appointed a Committee of three to
nominate a list of officers for the ensuing year.

The Committee reported the following list, wiiich was
unanimously adopted :
President — Medical Examiner J. G. Pinkham, Lynn.

100 TRANSACTIONS.

Vice-President — Medical Examiner A. F. Holt, Cam-
bridge.
Corresponding Secretary — Medical Examiner B. H. Hart-
well, Ayer.
Treasurer — Medical Examiner C. C. Tower, South Wey-
mouth.
Recording Secretary — Medical Examiner W. H. Taylor,
New Bedford.

President Pinkham thanked the Society for the honor
conferred on him, and made a few remarks concerning
the best ways of forwarding the Society's interests.

The President appointed the following gentlemen
Standing Committee for the ensuing year : Medical
Examiners, Draper, Presbrey and Winsor.

Voted, On motion of Medical Examiner Draper, to
empower the Standing Committee to bind the Trans-
actions of the Society in a suitable manner.

Medical Examiner Holt deplored the inactivity of
members in the matter of presenting papers, and hoped
that members will feel it their duty to the Society to
make efforts to increase the interest of the meetings.

Voted, On motion of Medical Examiner Winsor, that
the subject for discussion at the October meeting be
^^ Poisoning by Arsenic," and that members be notified of
this vote as early as convenient.

Medical Examiner Winsor made some remarks regard-
ing his term of office as President, and read an inter-
esting account of a Disputed Case of Accidental
Drowning. The death was due to an epileptic attack

TRANSACTIONS. 101

while bathing. Certain questions of violence arose in
the minds of the public, and an autopsy was made by
private parties, without definite result as to cause of
death. A prominent question in Dr. Winsor's mind
was, whether he should have made an autopsy to satisfy
public sentiment, believing, as he did, that the case was
purely one of accidental drowning.

In the discussion which ensued, Medical Examiner
Morse reported a case of an epileptic who met his
death by drowning while in an attack.

Medical Examiner Holmes reported a case of drown-
ing in a tub, the subject being a child of twenty- one
months, and the water but one and three-quarter inches
deep.

Medical Examiner Presbrey reported a case of drown-
ing in a little rill of water from melting snow, the
locality being dry when the body was found.

Medical Examiner Taylor reported a case of drowning
in a little water contained in the imprint of a horse's
hoof in mud, which subsequently became frozen.

Medical Examiner Wright reported a case of a man
who vomited the contents of his stomach, and, lying
face downward, was literally drowned in the fluid.

Medical Examiner Holt believed that the office of
Medical Examiner was created in the interest of the
public and not that of the official, and he would make
an autopsy in any case where public sentiment
demanded it.

102 TRANSACTIONS.

Medical Examiner Paine reported a case of drowning
showing the necessity of an autopsy.

The subject was further discussed by members
Holmes and Morse.
Voted to adjourn.

W. H. Taylor,
Recording Secretary.

EDITORIAL.

Definitions of Insanity and Tests of Legal Re-
sponsibility OF the Insane :

Burton : —

'* Madness is therefore defined to be a vehement dotage, or raving with-
out a fever, far more violent than melancholy, full of anger and clamor,
horrible looks, actions, gestures, troubling the patients with far greater
vehemency, both of body and mind, without all fear and sorrow, with such
impetuous force and boldness, that sometimes threo or four men cannot
hold them.

*' Differing only in this from phrensy, that it is without a fever, and their
memory is in most part better. It hath the same causes as the other, as
choler adust and blood incensed, brains inflamed, etc."

(Burton's Anatomy of Melancholy, p. 91.)
Phrensy :

'* Phrenitis, which the Greeks derive from the word (pf>'/i', is a disease of
the mind, with a continual madness or Idotage, which hath an acute fever
annexed, or else an inflammation of the brain, or the membranes, or kels of
it, with an acute fever, which causes madness and dotage.

' ' It differs from melancholy and madness, because their dotage is without
an ague; this continued with waking or memory decayed, etc. Melancholy
is most part silent, this clamorous, and many such like differences are
assigned by physicians."

(Ibid.)

" Madness, phrensy and melancholy are confounded by Celsus and many
writers, others leave out phrensy and make madness and melancholy but one
disease, which Jason Prateusis especially labors, and that they differ only
secundum niagis or minus in quantity alone, the one being a degree to the
other and both proceeding from one cause. They differ intenso et
remisso (jradu, saith Gordonius, as the humor is intended or remitted.

'' Of the same mind is Aretus Alexander Tertullianus, Guianerius,
Savarcasola, Heumius, and Galen himself writes promiscuously of them
both, by reason of their affinity, but most of our Neoterics do handle them,
apart, whom I will follow in this treatise."

(Ibid.)

104 EDITORIAL.

Fracastorius : —

Adds to the defiuition of Burton " a due time and full age to distinguish
it from children, and will have it confirmed impotency, to separate it from
such as accidentally come and go again, as by taking henbane, nightshade,
wine, etc.

" Insams est qui aetate debita, et temj)ore debite per se nom momen-
taneam et fugacem, ut vini, solani. Hyosciami sed contirmatam habet
impotentiam, bene operandi circa intellectum."
(Lib. 2 de Litellictione.)
(Burton's Anatomy of Melancholy.)

English Sympathy with Physicians.

Drs. Marshall and Shaw, of Clifton, were sued for
damages by a lady whom they certified to be insane.
They succeeded in the action, but the impecunious
plaintiff was irresponsible for costs.

The British Medical Journal of the IJrth of April, 1888,
publishes the subscription list of sympathizers who con-
tribute over £160 to them to defray the legal and other
expenses.

Phenomena of Droavning.

Dr. Paul Loye, at the Congress for the Ada^ance-
ment of Science, held lately at Osam (Algeria), contrib-
uted the following, as the results of his observation,
regarding death by drowning :

^' The first stage of deep inspirations lasts about ten sec-
onds, followed by a reaction caused by the resistance to
the entrance of water into the bronchioles — this lasts for
a minute, and is succeeded by arrest of respiration, and
loss of consciousness — finally the scene closes with four
or five respiratory efforts — the last." Immersion causes

EDITORIAL. 105

an immediate rise in the blood pressure, with slowing of
the heart-beats.

The action of the heart remains slow l)ut strong, till
death ensues. The pressure gradually lessens, but rises
just before death, to fall to zero immediately afterward.
The heart sometimes continues to beat feebly, for about
twenty minutes.

The result is the same in animals which have been
tracheotomized. The period of respiratory resistance is
therefore due to the respiratory muscles, and not to
spasm of the glottis.

(British Med. Journal.)

Chair of Medical Jurisprudence in Dublin.

Mr. Robert Travis, who has had this chair in Trinity
College, Dublin, and who lectured on Medical Juris-
prudence in the Ledwich School of Medicine, died on
March 27, 1888. He has been Professor since 1864.

Dr. A. Bewley has been elected lecturer on Medical
Jurisprudence at Trinity for the present session, and Dr.
C. H. Robinson has been appointed lecturer^ on Medical
Jurisprudence in the Ledwich School of Medicine.

Personal.

Dr. Droineau has been appointed Inspector-General of
the French Charitable Institutions, in place of Dr. AcH
FoviLLE, deceased.

Dr RuYSCH has been nominated to the position of

106 EDITORIAL.

Inspector-General of the Insane Asylums of Holland, to
fill the vacancy occasioned by the death of Dr. Ram^r.

Electricity vs. the Hangman.
New York says:

' ' Adieu to the hangman and the gallows,
The scaffold and the rope."

Science removes from our civilization the ghastly
struggles of the condemned, with the executioner, and
the revolting scene of men strangled by bungling in
adjusting the rope.

Despite the clamor of the voices that saw beauties in
hanging men for crime, the labors of the Medico-Legal
Society, after years of debate, are C2^owned with success.
The Governor has signed the bill to which he called
attention in his message.

The le3Son taught is, that needed legislative reforms,
against evils, long existing, come best; through properly
selected commissions.

The New York Press and Medical Jurisprudence.

The New York Herald has lent the great weight, of its
influence as a journal, to a notice of the work of the
Medico-Legal Society of New York. In its issue of 20 th
June there appeared a resume of its work, which will
arrest the attention of both professions, throughout the
world.

We give it space in this Journal.

EDITORIAL. 107

MEDICINE AND THE LAW.

Organizing an International Congress and a National Society.

CLOSER combination DESIRED.

Progress in Biology, Neurology, Psychiatry, Physiology, Psychology

and Toxicology.

The Medico-Legal Society, of this city, is apparently awakening to a
state of considerable activity, and the effect of its exertions is being felt
throughout the country and in Europe.

It has been decided to undertake two important steps. In the first place,
efforts aie being made to gather together in this country in June, 18^9, an
international congress of medical jurisprudence, to which representatives
of all countries have been invited to at end, or at least contribute papers on
the subjects to be discussed.

In the second place, an apparently successful attempt is being made to
nationalize the Medico-Legal Society, by extending its membership into
each State and Territory of the Union where members do not now reside,
and to elect at least ten representatives in each section.

THE coming congress.

Regarding the proposed international congress, a circular letter was
recently sent by the Medico-Legal Society, to all kindred societies in Europe
and to a large number of prominent lawyers and physicians throughout
America. This circular set forth the fact, that the progress made in this
century, in the sciences of biology, neurology, psychiatry, physiology,
psychology and toxicology, have enhanced our knowledge of the functions
of brain and nervous organization, and have elevated medico-legal science
to a higher rank than it ever occupied before.

Th>i conviction, it is said, has therefore gained ground, that medicine and
jurisprudence must combine closer for a clearer definition and the better
understanding of the principles that are rooted in both branches of learning,
in the exercise of functions which reciuire [)ractical application in the gov-
ernment of society. This is claimed to be the special fiekl of medico-legal
science, and calls for the most intimate relationship between the faculties
of medicine and of the law.

In most of the Euro-wan countries, say the advocates of medical juris-
prudence, forensic medicine is taught by great specialists, attached to the
universities, and the same is don" in some of our own colleges, though there
is no uniform practice, in the application ^f these principles to tiic aihniuis-

108 EDITORIAL.

tratiou of justice. The courts in Germany obtain the opinions of experts-
officially attached to those institutions, but they are often disregarded, and
neither in this country, or in Europe, are the courts bound by the professional
opinions of the medical expert.

ACTIVELY ORGANIZING.

As to the efforts being made b}'^ the Medico-Legal Society, to nationalize
its organization, it is stated that the society has members in all the States
except eight, and in all the Territories except four, and steps are being
taken to enter into communication with representative men, who take an
interest in medical jurisprudence, in the unrepresented States and Territories.
As the Society votes by mail (by ballot) at the annual elections, the presence
of non-resident members at the meetings is not considered indispensable.

According to the plan adopted, it is proposed to elect a Vice-President of
the Society, from each State and Territory, and to ask members from each*
to report all cases of interest to the President of the Society, with a view of
bringing the study of the science,'and of all questions arising from it, within
this country, at once to the attention of the Society. This plan is said to
have met with the approval of distinguished men, in various sections of the
Union.

Judge Somerville. of the Supreme Court of Alabama, and Dr. P. Bryce,
Superintendent of the State Lunatic Asylum at Tuscaloosa, will lead the
movement in that State, and will favor it actively in the Southeastern
States.

Governor Robert S. Green and Judge C. G. Garrison, of New Jersey, are
announced to be willing to lead in that State. Dr. Joseph Jones will do the
same in Louisiana. Professor J. J Elwell, Rev. William Tucker, of Mt.
Gilead ; C. H. Blackburn, of Cincinnati, lead in Ohio ; Dr. McClelland, of
Knoxville ; Dr. Horace Wardner, Superintendent at Anna ; Dr. E. J. Kil-
bourne, Superintendent at Elgin; Dr. D, W. Aldrich, Mayor of Galesburgh,
and some friends in Chicago, lead in Illinois. Dr. J. Draper, Superintend-
ent of the State Asylum atBrattleboro', Vt,; Dr. Thomas O. Powell, of the
State Asylum, Milledgeville, Ga.; and Dr. D. W. Yandell, in Kentucky.

In Pennsylvania the Society is represented by S. Hepburn, Jr., of Car-
lisle, ex-Governor Hoyt, Dr. George B. Miller, Dr. Alice Bennett and Mrs.
M. Louise Thomas, of Philadelphia. Dr. W. B. Fletcher and Dr. O. H.
Kellogg hold up the flag in Indiana. Dr. Jennie McCowen, of Davenport,
Dr. Gershom B. Hill and Dr. F. E. Crittenden do the same in Iowa. Will-
iam M. Taylor, Vice-President of the Connecticut Mutual Life Insurance
Company, and Dr. Geib, of Stamford ; Dr. J. S. Butler and Dr. W. B.
Lewis, of Hartford, will lead in Connecticut. Judge J. C. Normile, of the
Criminal Court, heads the list in St. Louis, and will lead in that Slate,

EDITORIAL

100

aided by distinguished members of both professions. Dr. Middleton
Michel, of Charleston, S. C, is foremost in that State ; Er. T. R. Buck-
ham and Dr. V. 0. Vaughan lead in Michigan ; Dr. Ira Russell, Dr. Ed.
J. Cowles and Dr. Frank K. Paddock are in the front rank in Massachu-
setts, while prominent gentlemen in various other States have consented to
aid the movement.

NEW YORKERS INTERESTED.

The following j'ldges and ex-judges in this State are members of the
Medico-Legal Society : — Ex-Chief Justice Noah Davis, Judge Miles Beach,
of the Supreme Court ; ex- Judge Richard W. Busteed, Ex-Surrogate I). C.
Calvin, ex-Judge John F. Dillon, ex-Judge A. J. Dittenhoffer, ex- Judge
Charles Donohue, District Attorney John R. Fellows, ex- Judge S. Burdett
Hyatt, ex-Judge M. S. Isaacs, Judge George L. lugraham, ex-Judge J. P.
Joachimssn, ex-Judge J. H. McCarthy, Chief-Justice David McAdam,
ex-Judge Marcus Otterburg, Judge Calvin E. Pratt, Chief-Justice Sedg-
wick and ex-Judge G. M. Speir.

According to the statistics furnished by Clark Bell, President of the Med-
ico-Legal Society, the movement for nationalization has been successful
in several States, and over one hundred members have recently united, with
that body, some twenty-five of whom are superintendents of insane asylums
outside of New York,

Much increase of interest seems to be taken in medico-legal science.
The Medical Jurisprudence Society, of Philadelphia, is in a flourishing con
dition, 'Live Birth in Medico-Legal Relations,' 'Will Contests,' 'The
Handwriting of the Insane,' 'The Claim of Moral Insanity.' 'A Strange
Homicide Case,' 'Criminal Psychology' and 'Suicide in Its Relations to
Insanity,' being some of the interesting papers recently read before that
body.

The Massachusetts Medico-Legal Society is also doing good work, being
organized under the action of the Medical Examiners of that State, who
take the place of the coroners, who have been abolished, in that section of
the country.

In France, the position of forensic medicine is considered to be in a satis
fying condition, and the labors of the Medico-Legal Society of France have
borne good fruit. But, strange as it may seem, Italy has led, in the race for
knowledge in this direction, and the Italian journals are considered to be
in the front rank of the world, in the various departments of neurology,
psychiatry, forensic and State medicine.

IN OTHER COUNTRIES.

Forensic medicine receives careful attention in the German universities,
and there is a chair of forensic medicine in each. Belgium has no Medico-

110

EDITORIAL.

Legal Society, the students of the science being chiefly medical men. The
leading Belgian society is the Society of Mental Medicine, which includes
the leading alienists of Belgium. Holland is in a similar condition, the
Netherland Society of Psychiatry at present being the foremost society in
Holland, so far as mental medicine is concerned.

Russia's leading society is the Society of Psychiatry, of St. Petersburg,
but that countrj' has no Medico-Legal Society. In the Scandinavian couu
tries, Professor Alexander Key, of Copenhagen, Denmark, is the leading
advocate of forensic medicine. There is as yet no national or local society
of medical jurisprudence in Great Britain, but the English and Scotch alien-
ists and neurologists keep abreast with the advance of science in other
countries.

Some time since, the Medico-Legal Society of New York announced that
the following prizes for original essays, on any subject within the domain of
medical jurisprudence or forensic m.edicine, would be awarded for the first
time this year, the papers to be sent to the President of the Medico-Legal
Society of New York, no later than June 1st, 1888 :

1. For the best essay, $100, to be known as the ' Elliott F. Shepard
prize.'

2. For the second best essay, $75.

3. For the third best essay, $50.

Though the time was originally limited to April 1st, it is understood that
any essays arriving up to June 1st, will be considered and receive due
recognition. It was intended to make these prizes open to all students of
forensic medicine, throughout the world.

A sample of the work covered by the Medico-Legal Society may be judged
from the following questions recently sent to gentlemen who were compe-
tent to answer them, by the President, Mr. Clark Bell : —

' Please give me your idea of the best definition of insanity under our
present knowledge of that subject ? '

* Also what in your judgment should be the legal test of criminal respon-
sibility for acts committed by persons suffering from any form of mental
disease ? '

'In conclusion it may be stated, that therewas no section of medical juris-
prudence, at the late International Medical Congress at Washington, and
many people complain of the fact, that the science is almost wholly neg-
lected in the American Bar Association."

When a great journal like the New York Herald pays
this tribute to a scientific society in America, and gives
such a recognition to the character and value of its labor,

EDITORIAL. Ill

it is entitled to the thanks of every officer and member
of tlie body.

THE NEW YORK TRIBUNE.

This influential journal, which has ever been alive to
the advance of scientific thought, notices with approval
the labor attempted by the Society.

The public are aware of the interest taken by the
Tribune in the question of intemperance, and the rela-
tion of alcoholic liquors before the law, and it has made
and published, from a great variety of sources, the opion-
ions of competent judges, as to the effect of inebriety in
the various States.

We give the substance of the Tribune's article, and
take this occasion to thank the Tribune for the interest
it has taken in the Society and its projected en-
deavor :

A NATIONAL MEDICO-LEGAL SOCIETY.

PUSHING TIIR WORK OP ORGANIZATION IN EVERY STATE AND TERRITORY,

The Medico-Legal Society, of which Clark Bell is president, will soon be
organized in a more thorough manner, consolidating in this country
its dilTerent branches under the name of the Medico-Legal Society.
Already there are members in all but eight S tates and four Terriories,
more or less organized in a systematic manner, and it is proposed to
further carry forward the work of organization, to acquire better facil-
ities for the study and collection of facts regarding the sciences of biology,
neurology, physiology, psychology and toxicology, by convening an inter-
national congress early next spring.

A circular has already been sent to the leading kindred societies in
Europe, and to prominent professional men throughout America. It is also
proposed to elect in each State and Territory a vice-president, through
whom all facts, gathered in his dist'ict relating to the sciences named, shall

112 EDITORIAL.

be forwarded to the central body iu New York. A subject which is
receiving great attention from the Society, is insanity from drunkenness,
and a great many facts relative to that phase of the human mind and appe-
tite have been carefully compiled and commented upon in a book which
is now in proof, but will soon be published under the name of "The Medical
Jurisprudence of Inebriety," by the Medico-Legal Society.

One of the papers recently read at a meeting of the Societj', was the
report of a committee on the best methods of executing criminals. Judge
Noah Davis has submitted a long article to the Society on the disease of
drunkenness, and its relation to the law. He says : " Whether drunkenness
be or be not a disease, was not the point to be determined, but the point
was then, as now, whether drunkenness, if it be a disease, is or is not to be
treated like other diseases in the commission of crime. No disease excuses
any man for the commission of crime."

Among the prominent men interested in the work of the Society, are
Judge Somerville, of Alabama ; Dr. P. Bryce, superintendent of the State
Lunatic Asylum at Tuscaloosa; Governor Robert S. Green and Judge
C. G. Garrison, of New Jersey ; Dr. Joseph Jones, of Louisiana ; Professor
J. J. El well and the Rev. William Tucker, of Ohio; Dr. McClelland, of Ten-
nessee ; ex-Governor Hoyt, Dr. George B. Miller, and Dr. Alice Bennett, of
Pennsylvania and Pliny Earle, of Massachusetts.

The following judges and ex-judges in this State are members of the
Medico-Legal Society : Ex-Chief Justice Noah Davis, Judge Calvin E.
Pratt, .Tudge Miles Beach, of the Supreme Coui t ; ex-Judge Richard W.
Busteed, ex -Surrogate D. C. Calvin, ex-Judge John R. Dillon, ex-Judge
A. .J. Dittenhoefer, ex- Judge Charles Donohue, District-Attorney John R.
Fellows, ex-Judge S. Burdett Hyatt, ex-Judge M. S. Isaacs, Judge George
L. Ingraham, ex- Judge J. P. Joachimssen, ex- Judge J. H. McCarthy,
Chief Justice David McAdain, ex-Judge Marcus Otterbourg, Chief Justice
Sedgwick and ex-Judge G. M. Speir.

It may not be amiss in this connection to give a list of
distinguished Superintendents of Asylums in the State
of New York and outside that State who have recently
united with the body since January 1, 1888.

We can say that a still larger number have united
since the date given by the Herald duiing 1888, including
names in the front rank of the legal and medical pro-
fessions, as well as scientists and professors in the colleges

EDITORIAL. llo

and universities who take an interest in these studies.
The forthcoming congress will be a notable occasion, and
members, active, honorary and corresponding, with all
persons interested in the progress of forensic medicine,
are invited to not only unite with the Society, but to
submit papers, for the approaching congress in June,
1889.

Prize Essays.

An essay was submitted in competition for the prizes,
that had been published by a leading London house, over
the author's name in the year 18S(), and which had
attracted attention in various countries.

The question was referred by the President, to the
Executive Committee of the Medico-Legal Society,
whether this essay should be allowed to compete. That
Committee instructed the President to refer the question
to a select committee, to be named by the chair.

Dr. Stephen Smith, ex-Commissioner in Lunacy,
ex-Chief -Justice Noah Davis and E. W. Chamberlain,
Esq., Treasurer of the Society, were named tliat Com-
mittee.

On July 2d that Committee submitted the following

report :

2 Wall Street, New Yokk, July 2, 188S.

To ITou, Clark Bell, President, etc.

The undersigned, a Conimittee appointed by the Executive Committ^-e of
the Medico-Legal Society, to consider the question, whether apapersuh-
mitted for competition for prl/,e essiys in our list, should be received and
entitled to compete, that had been published and issued to the public,
respectfully report as follows :

1 1 4 EDITORIAL.

"We are of opinion that such a paper should not be received, and allowed
to compete.

The purpose of offering such prizjs, is to call new effort into the field, by
invoking new and original productions.

To allow competition by articles already given to the public, is, or might
be, to put into the scale against new and unpublished efforts, the
public opinion which m ly have been already secured by the publica-
tion made.

It is not the intention, in determining the merits of essays, to allow any
such prejudgment to aff*^ct the minds of the judges.

Each paper submitted is to come before the Committee on an equal
footing in all respects, and that would not be the case if one or more had
already been published, and bad thereby secured favorable criticism, or con-
demnation. The intention is doubtless to require novelty in the essay, to the
extent that it shall be original, and not previously made public.

The essay mentioned by the chairman in his note appointing this Com-
mittee, should not, we think, be allowed to compete-
Very respectfully,

Stephen Smith, Chairman

Noah Davis,

E. W. Chamberlain,

Committee.

The President thereupon appointed the following
Committee to pass upon the merits of the various essays
submitted:

Chairman— Ex-Chief -Justice Noah Davis.

Secretary— E. W. Chambeklaix, Esq., Treasurer
M(Klico-Legal Society.

Ex-Judge John F. Dillon.

Stephen Smith, M. D., ex-State Commissioner of
Lunacy of New York.

^^/, G. Stevenson, M. D., Vice-President Medico-Legal
Society.

The action of this Committee will be announced at the
September meeting of the Society, and we trust in time
for the next i^sue of this Journal,

EDlTOlilAL. 115

The Medico-Legal Journal.

We enter upon our sixth volume, by the present num-
ber, with some feehng of pride, at the advances made in
the recent past, in the science of medical jurisi)rudence
in this country, and the world, as well as the work and
influence of the Medico -Legal Society, in accomplishing
these results.

L The past year has marked the introduction of a
series of prizes for essays, which have just closed on
June 1st, ult., which will, we have no doubt, be a
feature of the Society in the future.

2. The call for an International Congress, in this city,
under the auspices of this body, for four days, com-
mencing on first Tuesday of June, 18S1), will bring invalu-
able contributions to the literature of this science, from
scientists of all countries.

3. The movement to nationalize the Society, com-
menced only in January, 1888, has already assumed
such proportions as to insure a success beyond our most
sanguine expectations. We are enlisting the cream of
the three professions. Law, Medicine and Chemistry, in
the various States and territories, which cannot fail to
make the International Congress of June, 1889, the most
notable event that has hitherto occurred in the progress
of the science in this country.

Large numbers of the newly elected members will
attend and contribute papers, while the savans of other
countries, who cannot attend, will be heard by their
contributions.

116 EDITORIAL.

4. We feel, therefore, justified in asking our sub-
scribers, and especially any member of the Medico -Legal
Society, and friend of the science, to personally and
actively aid us, by extending our subscriptions to mem-
bers of all professions, who are not members of the
body.

This Journal will give all lawyers, physicians and
public officials, the latest news germane to these topics,
and will enable any medical expert, or legal gentleman,
to meet the questions constantly arising in their
practice.

Miscarriages of Justice. — Mr. Justice Barrett, of
the New York Supreme Court, contributes a thoughtful
article to The Formn, for May. We notice some of his
suggestions, which are worthy the attention of the legal
profession and the public.

1. "A constitutional amendment consolidating, in
New York City, the three highest Courts into one
great Tribunal, with an appellate branch of five judges
sitting permanently throughout the legal year."

This would be a great saving, would dispense with two
out of the three present General Terms, and would
enormously increase the capacity of our present
judicial force to dispatch the public business. We think
the profession would favor it.

2. A plan to abrogate or modify the present system
of calendar delays — under the existing rules — which con-
fessedly works badly.

8. Judge Barrett explains why the general criticism

EDITORIAL. 117

as to the number of reversals is unfair, as it relates, not
to a percentage of all the decisions, but only to the
small relative number of those that actually come up for
review.

4. As to Juries, that, by constitutional amendment,
nine out of twelve should control a verdict, if approved
by the Court, a suggestion of Mr. Chief-Justice Van
Brunt.

He concludes a very able paper with these words,
speaking of " the machinery of justice ": —

" Behind the machinery there must be power — power adecfuate to its
efficient working.

"That power can be supplied only by an enlightened public opinion,
finding its expression in an able, upright and vigilant press."

The press can hardly be relied upon, especially in
exciting public trials, as reflecting an enlightened public
opinion.

Its attitude on recent great public trials, in which Mr.
Justice Barrett took a conspicuous part, hardly entitles
it to be called '' upright," whatever might be said of its
''vigilance."

There is as wide a gul between " popular clamor," as
reflected in the press — especially in prejudging and
attempting to influence judicial action, in cases before
trial — and '^ali enlightened public opinion," as that
which divided Lazarus and the rich man, in our Lord's
Parable.

It will be a sad day for the city, for the profession, for
the administration of justice, when a judge on the

llB EDITORIAL.

bench is influenced, much less intimidated or deterred,
by the assaults, menaces or threats of the press, from
giving accused persons that fair and impartial trial
which has been the glory of English-speaking races.

In no country in the world, and in no city save New
York, is it tolerated, nor has the press ever usurped the
license to pass upon the guilt or innocence of accused
persons, before and during their trial, or openly sought
to intimidate judges in the discharge of their duties, not
sparing the Chief -Justice of the highest court of the
State.

There can be no greater danger to our judicial system
than the daring and unlawful encroachments of the
press, upon the rights of accused persons, and no sadder
reflection than the growing public sentiment, that our
judges are in danger of being, either intimidated, or im-
properly influenced, by that " popular clamor" of the
press which it is so easy to designate as, or mistake for,
' ' enlightened public opinion. "

Notice to Honorary, Corresponding and Active
Members, Medico-Legal Society : — The President will
feel obliged, if all who are willing to prepare papers foi'
the International Congress of June, iSSii, will notify
him as early as possible, and also give the title of the
paper, so that preliminary announcements may be
made in September number of Journal.

Papers are desired as well from those who are unable
to attend as from those who can.

The movement to Nationalize the Medico-Legal

EDITORIAL. 1 19

Society has been so successful that it only needs a little
effort on the part of every member to aid the Committee-
men in the several States and Territories.

Blanks will be furnished each member, on application,
and more than double could be added to the one hun-
dred and thirty new members elected already the pres-
ent year, before its close.

JOURNALS AND BOOKS.

De L'Examen Medtcat> dans i-es Assurances sue la Vte. (F. B. Bat>-
LTERE et pils. Patits (1887). —By f;ir the most complete and sci«'nt,iTic
treatise on this subject that vve have seen.

The name of the author and of his co-!aborators is withheld, although the
publishers assure us that he has for a long time been the physician of one
of the great life insurance companies of Paris.

The work contains 571 pp., and is elaborate, giving each branch of the
subject thorough examination and care. It is divided into three parts.
Tlie first relates to the etiology of applicants for life insurance, and gives
great stress to heredity. The second to the pathological questions, and the
third to the clinical examination.

Reiiarding as we do the great importance of the medical examination to
the future of life insurance, we should be glad to see this work translated
into English. Its value is greater here than in France, because America
leads the world in life insurance, and must do so for some time.

The American Journal of Psychology. Edited by Prof. G. Stan-
ley Hall, Johns Hopkins University, Baltimore.

We are glad to welcome this journal, which must wield a prominent
influence in the study of psychology. Prof. Hall is well equipped for such
a labor, and the three numbers of the first volume published sliow tliat the
subject is not only in able editorial hands, but that the best names are aid-
ing in making it a first-class journal.

Dr. William Noyes, of Bloomingdalc Asylum, N. Y., contributes an
interesting paper, entitled " Paranoia," with illustrations, to the last number*
and Dr. Edward Cowles, of McLean Asylum, Massachusetts, an able paper
on "Insistent and Fixed Ideas "' to the February number. We shall notice
this journal again, and we hope have more space to give it.

The Religion op Philosophy. By Raymond S. Perrin. G P. Put-
nam's Sons. 1885.

Whether we agree with this author in his religious opinions, or in his
want of them, we can say without hesitation, that we recall no recent work
which so succinctl3% briefly and fairly epitomizes the various types of what

wc may call the philosophical schools, of ancient and modern faiths, as this.

JOURNALS AND BOOKS. J 21

We have a chapter devoted to the dawn of pliilosophic thought, one 1o
the pre-Sooratic period, the schools of Athens, of various types, the Alex-
andrian school, and the various scepticisms which have marked the free-
thinking pliilosophers of the last and present century. He gives ua the
cream of the German transcendentalists, and the modern positive schools of
France and of Scotland, in the first part of his work.

The second part is devoted to a careful and friendly analysis of the views
of Herbert Spencer on the one hand, and of George Henry Lewes on the
other, while the third part of the work is an attempt to outline the author's
veiws under the cognomen of the Religion of Philosophy, by a search into
the great popular beliefs of the world for reasons to justify his own. The
ancient faith of the Egyptians, the doctrine of Buddha, the faiths of Greece,
Rome, the religion of Mahomet, of Moses, of Christ, of Pantheism — all are
reviewed ; and the work concludes with an appeal to American women in
behalf of the religion of philosophy.

We could never see value, or strength, in the views of the agnostics. They
may, and will, interest and occupy thoughtful minds of educated men, but
for women, we do not see that they have any, or but little, attraction.

It emasculates a woman, to lose her hold on faith. A woman without
faiih, is as a dead tree, over which the sirocco of the desert of unbelief
has swept, and left it sere and withered. Who would dare take out of the
history of mankind the influence of the mother's hand on the head of her
child, as he knelt at her knee in childhood ?

Any religion which lifts the soul to higher aspirations, purer life and
nobler ideals, even if error, does not injure or degrade its devotees.

The faith of the Christian woman sustains her through life, lifts her soul
to clearer, lovelier hopes of the hei eafter, shields and befriends her in temp-
tation, and in every ill, and sheds around her, as wife and mother, a lustre
which gives to womanhood its loveliest type and form.

Before we tear down and shatter the faith of the mother whose hand rests
on the head of her child in prayer, so long as he remains under her charge,
let us be sure we put in its place something on which she can lean securely,
in the hour of trial, temptation, the ills of life and the pains of death. The
iconoclasts should be compelled to furnish us with newer and better idols
before they destroy the old ones.

For men it is bad enough, but for women, who are to be our wivee and
the mothers of our children, one soul guided by a pure faith Is worth a
wilderness of doubts and unbeliefs.

DiAGNosia AND TREATMENT OF ILemoiitiiioids. By Chas. B. Kelsey,
MD. (Geo. S. Davis, Detroit, Mich.). 1880.
This brochure is a thoughtful contribution to tl^e medical profession of

122 JOURNALS AND BOOKS.

the results and experience of one of our abler physicians, upon a subject
best known to those who, like Dr. Kelsey, have made it the subject of
special study.
It has lesc value in its medico-legal than in Its medical and surgical aspects.
Dr. Kelsey advises how to correctly diagnose the disease, treats of the
various forms which it assumes, the best treatment, and gives his views as to
the ligature, treatment by injections, and the use of the clamp. It is well
worth a place on the library shelf of the physician in general practice.

Books, Journals & Pamphlets Received.

Austin Abbott.— Physiology of the Rogue (1888). Burr PrintlDg
House.

Dr. Tiieo. S. Armstron({. — Ninth Annual Report Binghamton Asylum
for Chronic Insane (1887).

H. M. Jones, Supt. — Twenty-seventh Annual Report of Cincinnati
Hospital (1887).

Edwai.d Cowles, M.D.— Nursing — Reform for the Insane (1887).

Woman's Publtshing Co.— April No. " Woman " (1888).

Dr. W. W. Ireland.— Weak-Minded Children (1888).

Wm.^BeTn' mT- ""' [ ^^^^^ «^ ^««^ Preservatives (1888).

Doctor Frank. — Boston Journal of Health, Vol. I., No. 8.

Dr. C. H. Hughes. — The Neural and Psycho-Neural Factor in Gyn.Tic
Disease (1888).

Milton Jostati Roberts, M.D. — International Journal of Surgery, Vol.
I., No. 2.

L. W. Baker, M.D.— The Alcohol Habit (1888).

Horace Wardner, M.D. — Occupation in Treatment of Insanity (1888).

Prof. M. D. Ewi-.lf.. — Cornell University School of Law Announcement
(1888-89).

Henry IIazlkeiukst, Esq — The Handwriting of the Insane (1888).

Sterling Efxiott. — Novel Advertising (1888).

CiiAS. B. Kei,s";y, M.D. — Tlie Diagnosis and Treatment of Hnemorrhoids
(1888).

CoMMTSSioNEKS OK LowER AUSTRIA. — Auuual Rcport on Condition of
Lunatic Asylums for Lower Austria (188(5, 1887).

C. A. TiiNDSLEY, M.D. — Tenth Report Commissioners State Board Health

(1887).

124- BOOKS, JOURNALS AND PAMPHLETS RECEIVED.

Dr. O. W. Akchibald. — Biennial Report North Dakota Insane Hospital

(1886).

Dr. James D. Munson. — Reports of the Board of Commissioners and
Trustees for the Northern Michigan Asyhim (1886).

Norman Kerr, M.D. — Report of the Homes for Inebriates' Association,
and the Fourth Annual Report of the Dalrymple Home at Riekmansworth
(1887-88), England.

Eugene Grtssom, M.D., LL.D. — Reports of the North Carolina Insane
Asylum, at Raleigh, N. C. (187i, 1880, 1881, 1883, 1883, 1884, 1885, 1886,
1887), and digest of laws relating to North Carolina Insane Asylum, 1867.

Dr. W. W, Godding. — Reports of the Government Hospital for the
Insane (1855 to 1887), complete.

Dr. O. R. Long. — Report of the Michigan Asylum for Insane Crimi-
nals (1886).

Dr. Henry J. Garriguks. — The Improved Csesarean Section. (1888.)

Dr. Andrew J. Ourt. — Fifth Report Pennsylvania State Committee on
Lunacy (1887).

R. H. Chase, M.D — Reports State Hospital for Insane, Southern Dis-
trict of Pennsylvania (1881, 1882, 18.-3, 1884, 1885, 1886), and the Various
Points Involved in a Course Examination of the Braki and Spinal Cord.

Henry F. Carriel, M.D — Report of the Central Illinois Asylum for
Insane (1886).

Dr. A. E. Prince. — The Extraction of Cataract as Influenced by Myco-
logical Development (1887). The Pulley Method of Advancing the
Rectus (1888).

David Prince, M.D. — An Aseptic Atmosphere — Club-Foot — A Rectral
Obturator— Palatoplasty (1888).

A. Reeves Jack«on, A.M., M.D. — The Intra- Uterine Stem in the
Treatment Flexions (1887). Conservatism in Gymecology (1888).

Henry J. Reynolds, M.D. — Stricture of the Urethra (1888). A New
Method in the Treatment of the Vegetable Parasitic Diseases of the
Skin (1887).

C. W. Moore, M.D. — Water, its Impurities Gathered from the Air and
Earth (1888),

Dr. Benjamin Lee. — Proceedings of the Pennsylvania Sanitary Conven-
tion in May, 1888.
•MaHy PtTTNAM Jacobi, M.D. — Thirty-ninth Annual Announcement
Women's Medical College of Pennsylvania (l.'^88-80)

BOOKS, JOURNALS AND PAMPHLETS RECEIVED. 125

Nicholas Senn, M.D., Ph.D. — Experimental Contribution to Intes-
tinal Surgery. Special Kefercucc to Treatment of Inti^rnal Obatruc-
tions (1888).

J. B. Mattison, M.D. — Cocaine Dosage and Cocaine Addictions (1888).

Hampton L. Cakson, Esq,— The Weaver Case at Philadelphia (188 -).

John B. Ciiapin, M.D.~The Case of John Dalj. at Washington (1888).
Annual Report of the Department for the Insane, Pennsylvania Hospital,
(1888).

Ephraim Cutter, M.D. — Partial Syllabic Lists of the Clinical Morphol
ogies of the Blood, Skin, etc. (1888).

Fredrick Peterson, M.D. — Some of the Principles of Craniometry

(1888).

James T. Crawford, D.D.S. — Fourteenth Annual Announcement of the
Medical Department of the University of Tennessee (1888).

MAGAZINES.

The Theatre. — Deshler Welsh makes his midsummer number very
charming. The illustrations are exceedingly good.

London Medical Recohdeu. — The May number gives an interesting
account of the trial and conviction of Surgeon-Major Cros3 for poisoning
his wife, taken from the paper read by Dr. C. Yelveiton Pearson on the
Medico-Legal aspects of the case, before the Irish Academy of Medicine.

International. Journal of Surgery. — An able new journal, edited by
Dr. Melton J. Roberts, published quarterly, is an aspirant for new favor.
Its second number appeared April, 1888.

The Forum, edited by Lorettus S. Metcalf , is out for July, with an
attractive table. Dr. Meredith Clymer writes on " The Stuff that Dreams
are Made of," Senators Wm. E. Chandler and Geo. F. ^^dmuuds write on
'' Our Southern Masters" and " The Political Situation," respectively. It
is an attractive number.

The Eclectic for July has a fine engraving of Leghorn, and its usual
well-selected articles from current literature.

Littell's Living Age grows better and better.

The Journal op Nervous and Mpjntal Disease. — We have not been
able to see a copy since this journal changed hands, which we greatly
regret.

The Sanitary Record (London). — The May number contains a resume
of the Report of the Medico-Legal Society on " Best Method of Executing
Criminals."

Denver Leg\l News says that Senator Lansbicn has crowded Mr.
Evarts off the post of honor, as constructer of long sentences, by propound-
ing a hypothetical question to Dr. James H. Forman in the case of Seligman
vs. Seligman, containing in a single sentence 872 words.

Chicago Law Times. — The July number has an engraving of ex-Chief-
Justice Waite, a sketch of Judge Melville W. Fuller, and sketches of thirteen
of the leading members of the Chicago Bar.

Magazine of American History for July also publishes a full-length

MAGAZINES. 127

frontispiece portrait of ex-Chief-Justice Waile and an account of his life and
career. Judge Bacon, of Utica, writes on "The Continental Congress,"
with a very readable list of contributions.
The Overland Monthly grows better and better.

The Cosmopolitan is making a good fight and we hope will surmount
its difficulties.

New England and Yale Review is as good as gold, and deserves the
high reputation it has always maintained.

Annales Medico-Psychologiques — Dr. A. Motet contributed the
Gronique to the July number, 1888. It reviews also the Alienid and Neurolo-
gist from 1883. Besides valuable original articies, it contains the transac-
tions of the Societe Medico-Psychologique, of Paris.

JEAN THEOPHILE GALEA RD, M.D.

Dr. Gallard, who from its foundation, in 1808, was the
Secretary of the Medico-Legal Society of France, was
born at Gueret, France, February 10, 1828.

He was a student of the college at his native place,
and gi'aduated at Tulle, in 1844. He then entered
VEcole Poly technique, of Paris, taking his degree in
1846.

He was decorated with a gold medal at the instance of
the Mayor of the Ninth Arondissement, in 1840, for dis-
tingu^'shed services at the time of the cholera epidemic.
Entering the Paris Hospital in 1850, he served as an
interne under Falret, Jobert de Lamballe-Valleix
and HuGUiER.

He won the prize of the gold medal from the Hospital,
which entitled him to two years' further service, which he
rendered, serving under Beheer and his former master,
Valleix. He was promoted to Hospital Physician in
1850. Serving in various capacities until 1805, he was
made Physician-in- Chief of La Petite, which he again
assumed, in 1867, after an absence. In 1881 he was pro-
moted to the Hotel Dieu, where he remained until his
death.

Dr. Gallard was a member of La Societe cVObserva-

JEAN THEOPHtLE GALLARD, M.D. 12t^

Hon La Societe Anatomique. He was Secretary of La
Societe d- Emidatioyi, a member of La Societe Medical
des Hospitaux^ La Societe de Medico-ChirurgicaJ , IjU
Societe de Medicine, La Societe de Medecine Pablique,
and had been President of the French Society of Gyne-
cologie.

He, however, gave, the most valuable and considerable
labors of his life to the French Medico-Legal Society,
and while never the President, he was, in his relation of
Secretary, intimately connected with its labors, and with
the administration of each successive President, from its
foundation.

He was decorated with the Legion of Honor in 18(53,
and was afterward promoted to the grade of " officer,"
for services rendered the wounded of the army of the
Loire. He won great distinction in his profession, and
especially as a gynecologist, founding the journal
Annates de Gynecologic et d^Obstetrique, of which he was
one of the editors at the time of his death. He was one
of the leading French specialists, in forensic medicine, in
gynecologie, pathology and public hygiene.

He was a prolific and painstaking writer in the domain
of hygiene, medical jurisprudence, and pathology. It
would take too much space to enumerate all his contri-
butions. Those on forensic medicine worthy of note
were :

Medicine Legale.

— Cnusidei ation sur rempoisoniieuieut pa: la strychnine. Memoirc lu a
VAcademie de niidecine, 17 septeiubre et 7 octobre, 18G2.

130 JEAN THEOPHILE GALLARD, M.D.

— Du role de I'expert et des conditions de I'expertise dans les cas de trans-

de la syphilis. Uaion Mklicale, 1864.
— Sur I'cmpoisonnement par le pliosphore. Union mecUcnle, fevrier, 1869.
— i^ccidents produits par des pastilles de calomel delivrees par un pharma-

cien sans ordounance de mcdeciu. Journal de medecine et de chir.

2)ratiqiies, 1874.
— Sur les experiences physiologiques comme moyen d'expertise medico-

legale pour la recherche de certain poisons. Annales d'hygiene, janv.

1866.
— De la prostitution et de I'extinction des malades veneriennes. Annales

dliycjiene, 1871.
— Sur un cas d'avortement suivi de mort. Annates dHiygiene, 1874.
^Sur la valeur de certains signes qui peuvent permettre de recounaitre

un avortement criminel. Annales de gynecologie, T. H., p. 245, 1874,
— De I'aphasie. Union Medicale, 1875,
— Responsabilite des actes commis par les epileptiques. Societe de medecine

legale, 10 mai, 1875.
— Des dispositions legislatives qu'il conviendrait de pendre afin de proteger

efiicacement la societe centre les actes violents des alienes reco'inus

dangereux. Bullet, dela Societe med. legale, T. IV et V., 1876 et 1877.
— De Tavortement au point de vue medico-legal. Annales de gynecoloaie,

1877.
— Cremation des morts. Societe de medicine legale. 1876.
— Les operations interdites aux officiers de sante, absence de sanction

penale. Annales cl'hygiene et de medicine legale, 1878.
— Attenuation de la responsabilite civile resultant d'une blessure k'gere

ayant entraine la mort, parce qui I'individu qui I'a recue-etait aute-

rieurement affect e d'un etat constitutionnel grave. Bulletin dela Societe

denied, legale. T. IV, 1876.
— Considerations medico-legales sur la simulation. Memoire lu a I'Acade-

mie de niedicine\e 17 fevrier, 1886.
— Les ecchymoses ponetuees sous-pleurales et sous-pericardiques u'ont

aucune signification specciale en medecine legale. Communication

au Congress de medecine legale, 12 aout, 1878.
— Conditions legales exigees pour Tadministration des anesthesiques. Con-
gress de medecine legale. 14 aout, 1878.

It was a great misfortune to Dr. Gallard that he did
not speak or understand the Enghsh language. He had
to depend upon others, as to his knowledge of forensic
medicine, and its literature, in England and America.

JEAN THEOPHILE GALLARD, M.D.

131

He was frequently mioled and in error in that regard.
His death on the 31st of January, 1887, deprived the
Medico -Legal Society of France, of one of its ablest and
most indefatigable workers, and forensic medicine, of one
of its most brilliant students and writers.

He leaves an interesting family, and his son, Dr.
Frank Gallard, is a rising member of the profession in
Paris. C. B.

OFFICERS FOR 1888.

President :
CLARK BELL, Esq.

\st Vice-President : 2d Vice-President :

W. G. STEVENSON, M. D. IRA RUSSELL, M. D.

Secretary : Assistant Secretary :

ALBERT BACH, Esq. FRANK H. INGRAM, M. D.

Corresponding Secretary : Chemist :

MORRIS ELLINGER, Esq. CHARLES A. DOREMUS, M. D,

Treasurer : Curator and Pathologist :

E. W. CHAMBERLAIN, Esq. THEO. H. KELLOGG, M. D.

Librarian : Assiatanl. Librarian :

CHAS. F. STILLMAN, M. D. BEJ^NO LOEWY, Esq.

TRUSTEES.
Legal : Medical :

RICHARD B. KIMBALL, Egq. CHARLES MILNE, M. D.
SIMON STERNE, Esq. J. M. B. MESSEMER, M. D.

WILLIAM G. DAVIES, Esq. FERD. C. VALENTINE, M. D.

PERMANENT COMMISSION.

Legal: Medical:

CLARK BELL, Esq. R. O. DOREMUS, M. D.

Hon. DAVID DUDLEY FIELD, R. L. PARSONS, M. D.

Hou. JOHN F. DILLON, STEPHEN SMITH, M. D.

COMMITTEES.

ON PUBLICATION OF SERIES 4 AND 5 MEDICO-LEGAL

PAPERS.

W. G. Stevenson, M. D., Chairman.

Clark Bell, Esq. F. C. Valentine, M. D.

R S. Guernsey, Esq. Clias. S. Fischer, M. D

R. B. Kimball, Esq. Amelia Wri-^dit, M. D.

MEDICO-LEGAL SOCIETY. 133

ON RESOLUTIONS OF MR. E. W. CHAMBERLAIN REGARDING

COMSTOCK SEIZURES.

E. W. Chamberlain, Chairman.

Roger Foster, Esq. W. F. Holconibe, M. D.

Morris Elliuger, Esq. Charles Milne, M. D.

Benuo Loewy, Esq. R. J. O'Sullivan, ]M. D.

LEGISLATION' REGARDING THE INSANE.
Clark Bell, Esq., Chairman.

Judge Jno. F. Dillon, N. Y. P. Bryce, M. D., Ala.
Judge J. C. Normile, Mo. Stephen Smith, M. I)., New York.
Gov.R. S. Green, N. J. Horace Wardner, M. D., 111.

Ex-Gov. H. M. Hoyt., Pa. Dr. Thomas O. Powell, Ga.
P. b. Hooper, M. D.. Ark.

METHODS OF CAPITAL PUNISHMENT.

J. Mount Bleyer, Cliairma ', Dr. Frank L. Ingram.
Dr. Chas. F. Stillman. Prof. R. O. Dorenius,

The President.

ON RE-ORGAXIZATION OF THE MORGUE.
The President,

The Secretary, and

The Permanent Commission.

ON CRIMINAL RESPONSIBILITY OF DEAF MUTES.

Dr. Isaac L. Peet, Chairman.
J. D. Roberts, M. I). C. Bainbridge Smith, Esq.

Samuel D. Powell, M. D. Albert Uacii, Esq.
Judge S. Burdette Hyatt. A. C. Butts, Esq.

134 MEDICO-LEGAL SOCIETY.

ON TRANSLATIONS.

Morris Ellinqer, Esq., Chairman.

Ossip Feldman, M. D. Samuel D. Sewards, Esq.

F. C. Valentine, M. D. Albert Bach, Esq.

J. Mount Bleyer, M. D. J. R M. Hearne, Esq.

Prof. E. P. Thwing, M. D. Z. S. Sampson, Esq.
Theo. H. Kellogg, M. D.

ON NATIONAL STATE CHEMISTS.

Prof. John J. Reese, Chairman, of Pennsylvania.

Prof. R. O. Doremus, N. Y. Dr. V. C. Vaughan, Mich.
Dr. Geo. B. Miller, Pa. Prof. C. A. Doremus, N. Y.

Prof. A. B. Mott, N. Y.

SUB-COMMITTEE ON INTERNATIONAL CONGRESS OP
MEDICAL JURISPRUDENCE.

Morris Ellinger, Chairman.

Dr. Isaac Lewis Peet, Judge Noah Davis,

Stephen Smith, M. D. E. W. Chamberlain, Esq.

The President.

The full Committee will be hereafter announced.

COMMITTEE OF THE STATES AND TERRITORIES ON EXTEND-
ING MEMBERSHIP OF THE SOCIETY.

Alabama. — Judge H. M. Somerville, Delaware. —

Montgomery. Florida. — Dr. C. A. F. Lindorme,

Arkansas.— P. O. Hooper, M. D., Fort Reed.

Little Rock. Georgia.— Thos. 0. Powell, M. D.,

CALiFORNiA.-E.Regensberger,M.D., Milledgeville.

San Francisco. Illinois. — Milo McClelland, M. D.,

/■/ Colorado.— H. Chas. Ullman, Esq., Knoxville.

Denver. Indiana. — W. B. Fletcher, M. D.,
Connecticut. — John M. Taylor, Indianapolis.

Hartford.

MEDICO-LEGAL SOCIETY. 135

Iowa.— i'. C. Crittenden, M. I)., New YOkk.— Clark Bel), Plsq., Chair-

Des Moines. raan. New York.

Kansas.— North Cakolina.— J. D. Roberts,

KENTUCKY.-Dr. D. W. Yandell, M. D. Goldsboro.

Louisville. ,.„,, t^ r t t t^i h
T T^ TV ,, ^, Ohio. — Prof. J. J. Elwell,

Louisiana.— Dr. D. M. Clay, ' , , ,

-^ •^' Cleveland.

Snrevesport. -p, t, ^, -,,

-, T. • 1 T T. . 1 Pennsylvania. -Ex-Gov. Hoyt,

Maryland. —Daniel L. Brinton, ;','.,

T- T. ,.. Phila.

Esq. Baltimore. ^^ ^ ,,, „.

, ,^ ,^ , , , ,, ,, Rhode Island.— W. Thornton Par-
M ASS.— Frank K. Paddock, M. D.,

Esq. Pittsfield. ker, M.D. Newport.

MiCHiGAN.~T. R. Buckham, M. D. South Carolina.-Di-. Middleton

Flint. Michels. Charleston.

Minnesota.— Hon. C. K. Davis, Texas.— Dr. D. R. Wallace,

St. Paul.

Missouri.— Judge J. C. Normile, Tenn.— Dr. Michael Campbell,

St. Louis. Knoxville.

Mississippi.— Dr. E. P. Sale. Vermont.— Dr. J Draper,

Aberdeen. Brattleboro.

Nevada.— Jos. H. Stites, M. D., Vikginia.— Dr. Jas. D. Moncure,

Belmont. Williamsburg.

N. HAMrsHiKE.~Hon. Daniel West Vikginia.

Barnard. Franklin.

New Jersey.— Judge C. G. Garri- Wisconsin.- S. B. Buckmaster,M.D
son. Camden. Mendota.

Dakota. — Dr. O. Wellington, District of Columbia.— JudgeM.

Archbald. B. Montgomery.

Members of the Society and of the Committees will take notice of the
same. ALBERT BACH,

February, 1888. Secrei<iiy.

HONORARY AND CORRESPONDING MExMBERS.

Honorary.

John C. Bucknill, M. D., Prof. K. von Krafft-Ehing,

London, England. Gratz, Austria.

Ernest Chaude, Esq., Henry Maudsley,- M. D.,

Paris, France. London

Prof. D. Hack Tuke, M. D., Prof. Dr. J. Maschka,

London, England. Prague, Roneniia.

*Frank H. Hamilton, M. D., Sir James Fitzjames Stephen,

New York. London

Fordyce Barker, M. D., Hon. Noah Davis,

New York. New York.

Hon. Chas. P. Daly, Francis Wharton, LL. D.,

New York. Philadduhiau

130

London.
London .

*Prof. Aug-ustin Andrade, M. D.

City of Mexico.

John Abercrombie, M. D.,

Julius Althaus, M. D.,

Prof. Dr. Benj. Ball,

Paris, France.

Hon. Gunning S. Bedford,

New York.

Prof, C. M. Brosius, M. D.,

Berndorf, Germany.

A. N. Bell, M. D., ^

New \ ork.

G. E. Bentzen, M. D.,

Christiania , Norway.

Prof. Leonard! B anchi,

Naples, Italy.
Prof. Dr. Serafino Bififi,

Milan, Italy.
Hon. Geo. B. Bradley,

Corning, N. Y.

E. Blanche, M. D.,

Paris.

*R. P. Brown, M. D.,

Addison, N. Y.

Sir. J. Chrichton Brown,

London.

Jose M. Bandera, M. D.,

City of Mexico.

T. R. Buckham, M. D.,

Flint, Mich.

*Henrv Buist, Esq.,

Charleston, S. C

Prof. G. Buonomo,

Naples, Italy,

A. L. Carroll, M. D.,

CORRESPONDING MEMBERS.

John Curwen, M. D.,

Warren, Pa,

T. D. Crothers, M. D.,

Hartford, Conn.
Prof. R. H, Chittenden,

New Haven, Conn,
N. R. Davis, M. D.,

Chicago, 111.
H. E. Desrosiers, M. D.,

Montreal, Canada.
F. W. Draper, M. D.,

36 Worcester street, Boston.

Prof. Dr. Geo. Dragondorf,

Dorpat, Russia. '
Dominick Daly, Esq.,

Birmingham, England.

Dr. De Jong,

Amsterdam, Holland.
Victor Desguin, M. D.,

Antwerp, Belgium.
Leon De Rode, M. D.,

Louvain, Belgium.

* Le Grand Du Saulle, M. D.,

Paris.
Dr. Pliny Earle,

Northampton, Mass.
Prof. J. J. Elwell,

Cleveland, Ohio.

Prof. M. G. Elzey,

Washington, D. C.

I'rof. Albrecht Erlenmeyer,

Berndorf, Germany.

M. D. Ewell, M. D.,

Cliicngo, 111.
Dr. Landon B. Edwards,

Richmond, Va.

'^^•' -D • w c T Simon Fitch, M. D.,

New Bntihton, S. I. Halifax, N. S.

Dr. Enrique A. Frimont,

Ozuluama, Mexico.
Prof. E. Ferri,

Sienne, Italy.

Prof. Ach. Foville, M. D.,

Paris.
Prof. Dr. P'urstnei',

Hoidelberg, Germanv-
*Th. Gallard, M. D

Paris, France.
James A. Gray, M. D.,

Atlanta, Ga.
Prof. R. Garofolo,

Naples, Italy.

Prof. Charpentier,

Paris.

Prof. Stanford E. Chaille,

New Orleans, La.

Senor Don Manuel Contreras,

City of Mexico

Hon. S. S. Cox,

N. Y. City

Henry Montogne, M. D.,

Lyons, France.

T. de Musgrave Clay, M. D.,

Pau, France.
T, S. Clouston, M. D., i

Edinburgh, Scotland. ]

* Deceased.

* Gen'l Procurator, Dr. Julius Glaser,

Vienna, Austria.

W. R. Gowers, M. D.,

London.
Prof. Matihew Hay,

Aberdeen, Scotland.
J. L. Ilanna, Esq.,

Baltimore, Md.
*Geo. L. Harrison, Esq.,

Philadelphia.

Prof. Dr. F. von Holtzendorf,

Munich, Bavaria.
Ernest Hart, M. D.,

London .
Prof. H. Heiberg,

Christiania, Norway.
Prof. A. W. Hoffman,

Berlin, Germany.
Dr. Gershom H. Hill,

Independence, Iowa.
Jabez Hogg, M. D.,

London.
Prof. E. Horsford,

Cambridge, Mass.
Prof. Hoffman,

Gratz, Austria.
C. H. Hughes, M. D.,

St. Louis, Mo.

Prof. H. Aubrey Husband,

Edinburgh, Scotland.

•B. C. Ingels, M. D.,

Ghent, Belgium.
W. W. Ireland, M. D.,

Edinburgh, Scotland.

* Hon. Frederick Kapp,

Berlin, Prussia.
Prof. Axel. Key,

Stockholm, Sweden.

Prof. Dr. Heiman Kornfeld,

Grotkau, S.lesia.
Prof. Dr. A. LaCassagne,

Lyons, France.
Prof. Henry M. Lyman

Chicago, II!.

Joaquin G. Lebredo, M. D.,

Havana, Cul)a.
Dr. L. Lewin,

Berlin, Germany.
Prof. Max Leidsdorf,

Vienna, Austria.
Prof. J. Leh mnnn,

C ^',"enhagen, Denmark.

MEDICO-LEGAL SOCIETY

Corresponding^.

Dr. Souza Lima,

137

Rio Janeiro, Brazil.
Brewer Mattocks, M. D.,

St. Paul, Minn.
*Hcn. Guy H. McMaster,

Bath, N. Y
Jules Morel, M. D.,

Ghent, Belgium
Prof. A. Motet,

Paris, France.
Prof. Dr. Mierzejewski,

St. Petersburg, Ru-ssia.
Prof. Dr. L. Meyer,

Gottingen, Germany .
Prof. R. Otto,

Germany.
Ed. M. Perez, M. I).,

Buenos Ayres, S. A.
G. Vivian Poore, M. D.,

London, England.
John Dixon Mann, M. D.,

Manchester, England.

Prof. John M. Packard,

Philadelphia.
Joseph Parrish, M. O.,

Burlington, N. J.
Dr. J. A. Peeters,

Gheel, Belgium.
Dr. Louis Penard,

Versailles, France.
Augustus J. Pepper, M, D.,

London.
Prof. F. Pollock,

Lontion.
S. D Presby, M. D.,

Taunton. Mass.
Dr. JohnH. Rauch,

Springfield, 111.
Prof. Roman Ramirez, M. D.,

City of Mexico.
Dr. Ramaer,

The Hague, Holland.
Prof. John J. Reese,

Philadelphia, Fa

Prof. Dr. V. Reubold,

Wurzberg, Germany.

Prof. Dr. Ludwig Schlager,

Vienna, Austria.

*Gen. Staats An wait Sc'i'rvarze,

7'"est}^i:, Saxony.

^;. V. Shuliicworth. M. D.,

Lancaster, Eng.
Dr. Thomas Stevenson,

London.

138

CORRESPONDING MEMBERS.

Correcponding.

n. n. O. Sankey, M. D.,
Baschuvch, N. Shrewsbury, England, j

Geo. II. Savage, M. D.,

Bethlem Hospital, London.

H. R. Storer, M. D.,

Newport, R. I.
•Prof. Dr. Axel Jaderholm,

Stockholm, Sweden.

Prof. Arrigio Tamassia,

Padova, Italy.
Prof. Augusto Tamburini,

Turin, Italy.

C. Meymott Tidy, M. D. ,

London.

Geo. P. Tucker, M. D. ,

Sidney, Australia.

Dr. Rafael Ulicia,

Madrid, Spain.

L. W. Baker,

Baldwinville, Mass.
R. S. Sutton, M.D.,

Pittsburgh, Pa.
Hon. Charles H. Daniels,

Justice Supreme Court,
Buffalo, N. Y.

D. Lentz,

Government Director Belgium Asy-
lums, Brussels, Belgium.
Prof. Dr. Paul Kowalewsky,

Kharkoff, Russia.
Prof. Senator Andrea Verga,

President Society di Freniatria,

Milan, Italy.

Dr. W. H. Taylor,

Secy. Mass. Medico-Legal Society,

New Bedford, Mass.

Dr. GJulio Cliiarugi, Sienna, Italy.

W. H. S. Bell,

Grahamstown,

Cape Good Hope, S. Africa.
Ed Netterville Blake. Esq.,

Dublin, Ireland.
John Kinmot,

Edinburgh, Scotland.
Dr. Scott Helm, Chicago.

Dr. Ed J. Doering, Chicago.

D. A. K. Steele, Chicago.

Emile Hourteloup. Paris, France.
Dr. Fred. Needham

Gloucester, England.
Prof. M. Benedict,

Vienna, Austria.
Dr. H. Lachr,

Berlin, Germany.
Dr. Wm. Lardau,

Berlin, Germany.

O. W. Wight, Esq., M. D.,

Detroit, Mich,

Prof. Dr. Wilhelm Emil Wahlberg,

Vienna, Austria,
F. Winsor, M.D.,

Winchester, Mass.
Prof. T. G. Wormley, M. D.,

Philadelphia.

Prof. Dr. L. Wille,

Basle, Switzerland,
Dr. M. von Buri,

Leipzig, Germany;.
Ely Vander Warker, M. D,

Syracuse, N. Y.
1* orbes Winslow, M. D. ,

London,

William C. Wile, M. D.,

Sandy Hook, Conn,

Norman Kerr, M.D.,

President Society for Study

and Cure of Inebriety.
London.
Hon. Stanley Mathews,

Justice Supreme Court,

U. S., Washington, D. C,

Dr. P. Heger,

President Society of Mental

Medicine of Belgium, >
Brussels, Belgium.
Dr. F, Lentz, Sec. of Societe of

Mental Medicine,
Supt. Asylum for Insane,

Tournai, Belgium.
Dr. Jose Monteros,

Guatemala, S. A.
Dr. Chas. W. Moore,

San Francisco, Cal.

Prof. Dr. Lefebvre,

Brussels, Belgium.
Dr. V. Magnan, Paris, France.

Dr. Falret, Paris, Franee.

Dr. Vermeulen, Ghent, IBelgiura.
Dr. Urquhart, Perth, Scotland.

Dr. G. Fielding Blandford,

London, England.

Edwin Chad wick, Esq., C. B.,

London.

C. F. Buswell, Esq., Boston, Mass,

Dr. Jules Socquet, Paris, France.

Adolph Kallay, M. D.,

Karlsbad, Germany.

Dr. Arthur P. Luff,

London, England.

^Deceased.

THE RECENT JUDICIAL DhJPARTURE IN IN-
SANITY CASES.

By Clark Bell, Esq.,
President of the Medico-Legal Society of New York.

There is probably no race of men more devoted to, or
•controlled by, traditional rules and policy, than the
Anglo-Saxon.

Whal our fathers did, we accept without question or
examination, and it takes half a century at least, to get
an Englishman or his descendant, to be willing even to
inquire, as to the right or propriety^ of changing a rule
in universal use and acceptance, by his ancestors.

By the ancient law of England, madness, was not a
<lefence, on an indictment for murder.

If it appeared on trial that an accused was mad, there
was such a special verdict, on which the Crown could
pardon *

In the most notable cases of the last century, Eex vs.
Arnold (16 St. Tr. 695—1724); Rex vs. Lord Ferris (19 St.
Tr. 886—1760) ; Rex vs. Hadfield, (27 St. Tr. 1281—1800),
these questions came up for discussion, and Lord
Erskine's speech in defence of Hadfield, who was un-
doubtedly a lunatic, and in a state of furious mania, was
then regarded as a masterly innovation, upon the exist-
ing state of the English law.

Up to the beginning of the present century, there was
no authoritative decision, of the High Courts of England
upon this question, and our only reported cases, are those

* 1 Rot. Par. 443 ; B. 3 Edws. 2 (1310); Fitz Herbert cerone 351 ; (3
Edws. 3 1330.)

14:0 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

of tlie simple dicta, of a single trial judge, in important
criminal tiials, as they came down to us, in the reported
State trials of the eighteenth century.

Sir James Fitz James Stephen, by far the ablest
writer upon the criminal law of England, in reviewing
it historically, writing as late as his treatise on the
" History of the Criminal Law of England " (1883), says:

" I know of no single instance, in which the Court for
Crown Cases reserved, or any other Court, sitting in
banCy has delivered a considered written judgment, on
the relation of insanity to criminal responsibihty, though
there are several of such decisi\3ns, as to the effect of in-
sanity on the validity of contracts and wills. "^

The present state of the law of England may be said
to be due, to the excitement growing out of the acquittal
of McNaghten, for the killing of Mr. Drummond in
1843, whom he shot, mistaking him for Sir Egbert
Peel.

The medical evidence in that case was :

" That a person of otherwise sound mind might be affected with morbid
delufiions ; that the prisoner was in that condition ; that a person laboring
under a morbid delusion might have a moral perception of right and
wrong, but that, in the case of the prisoner, it was a delusion which carried
him away beyond the power of his own control, and left him no such per-
ception, and that he was not capable of exercising any control ov^er acts
which had a connection with his delusion ; that it was the nature of his dis-
ease to go on gradually, until it reached a climax, when it burst forth with
irresistible intensity ; that a man might go on for years quietly, though at
the same time under its influence, but would at once breaK out into the
most extravagant and violent paroxysms. The questions left to the jury
were : ' Whether at the time the act in question was committed, the pris-
oner had or had not, the use of his understanding, so as to know that he
was doing a wrong and a wicked act ; whether the prisoner was sensible at the
time he committed the act, that he violated both the laws of God and
man.'" (1 Russ. Cri. 121.)

The prisoner being acquitted, the Hou ^e of Lords sub-
mitted to the judges certain questions, which were

* Stephen's Hist. Crim. Law of Enyland.vol. 2, p. 152.

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 141

answered in June of that year, since which date the
Enghsh judges in criminal trials have usually followed
the language of the answers thus given.

The 2d and 3d questions submitted to the judges by
the Lords, and their answers, were :

Question 2. — " What are the proper questions to be submitted to the
jury when a person, afflicted with insane delusions, respecting one or
more particular subjects or persons, is charged with the commission of a
crime (murder, for instance), and insanity is set up as a defence ? "

Question 3. — " In what terms ought the question be left to the jury as to
the prisoner's state of mind at the time the act was committed ? "

Answers 2 and 3. — *' As these two questions appear to us to be more
conveniently answered together, we submit our opinion to be. that the jury
ought to be told in all cases, that every man is presumed to be sane, and to
possess a sufficient degree of reason to be responsible for his crimes, until
the contrary, be proved to their satisfaction. That to establish a defence
on the ground of insanity, it must be clearly proved, that at the time of
committing the act, the accused was laboring under such a defect of reason,
from disease of the mind, as not to know the nature and quality, of the act
he was doing, or if he did know it, that he did not know he was doing
what was wrong. The mode of putting the latter part of the question to
the jury on these occasions has generallj been, whether the accused a the
time of doing the act, knew the difference between right and wrong ; which
mode, though rarely, if ever, leading to any mistake with the jury, is not,
we conceive so accurate when put generally and in the abstract, as when
put with reference to the party's knowledge of right and wrong, in respect
to the very act, with which he is charged. If the question were to be put
as to the knowledge of the accused, solely and exclusively with reference tO'
the law of the land, it might tend to confound the jury by inducing them
to believe, that an actual knowledge of the law of the land was tssential in
order to lead to a conviction ; whereas the law is administered on the prin-
ciple, that every one must be taken conclusively, to know it without proof
that he does know it. If the accused was conscious, that the act was one
which he ought not to do, and if the act at the same time was contrary to the
law of the land, he is punishable, and the usual course, therefore, has been
to leave the question to the jury, whether the accused had a sufficient degree
of reason, to know that he was doing an act that was wrong ; and this
course we think is correct, accompanied with such observations and correc-
tions, as the circumstances of each particular case may require " (p 127
et seq.)

It is not my purpose to go into a criticism of these
answers in detail.
I shall content myself with stating that —
1. They were not the decision of any court of crinii-

142 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

nal jurisdiction, based upon eyidence taken in a judicial
proceeding.

2. That they are, as Sir James Stephen has so well
stated: ^'Mere answers to questions which the judges
were probably under no obligation to answer, and
to which the House of Lords had probably no right to
require an answer, as they did not arise out of any mat-
ter judicially before the House." (lb. vol. 2., p. 154.)

3. The most that could be legally claimed for these
answers, as to their legal binding force and effect, would
be, that they were the individual opinions of fourteen
out of fifteen of the then English judges, on answers
to hypothetical questions, not in a judicial proceeding,
and in a strictly legal and judicial sense, mere obiter
dicta.

A critical examination of these questions and answers,
will show, that the construction since given to them by
English judges in criminal trials, has lent them a sig-
nificance, force and I might say construction, not covered
by the terms of the questions and answers themselves,
because the answers are so closely confined to the narrow
scope of the questions, as to leave many cases outside
them, which might unthinkingly be supposed to be in-
cluded in and covered by them.

Whatever may be thought or said, of these questions
and answers, or of the course of the English judiciary
in accepting these dicta of the judges, as a statement
of the law, it is a fact that from 1813 to a very recent
date, it has been usual for the English trial judges, to
charge the jury, in cases where tiie defence of insanity
was interposed, as to the question of responsibility: —

That it must be clearly proved ** that at the time of
the committing of the act, the accused ivas laboring, under
such a defect of reason from disease of the mind, as not to

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 143

know the nature and quality of the act he was doing, or
if he did know it, that he did not know he was doing
what was wrong. '^^

Sir James Stephen represents what I esteem to be the
ablest and best legal view upon thi^ subject when he
says, speaking of the answers to the 2d and 3d questions :
' ' That the form of the questions is very general, and the
answers can hardly be meant to have been exhaustive,
(lb. p. 159.) That the word 'wrong' is ambiguous, as
well as the word ' know.'

''It may mean either 'illegal' or 'morally wrong/
for there may be such a thing as illegality not involving
moral guilt, and when we come to deal with madness,
the question whether ' wrong ' means ' morally wrong ''
or only ' illegal ' may be important." (Ibid. 167.)

In an exhaustive analysis of the whole subject, the
chapter on the relation of madness to crime in his mas-
terly treatise, he concludes, that the true signification
of these questions and answers, are not what they have
been commonly stated by English judges to be' when
he says :

" Tlie proposifioa, thea, which I have to maiatain and explain is, that,
if it is not, it ought to be the law of England, tnat no act is a crime if the
person who does it, is at the time when it is done, prevented either by defective
mental power, or by any disease affecting his mind, from controlling his
own conduct, unless the absence of the power of control, has been pro-
duced b' his o^^n default. The first part of this proposition may probably
appear to many persons to be self evident. How, it may be asked, can a
man be responsible for what he cannot help ? Th;it a man can be made
responsible in the sense of being punished for what he cannot help is
obvious. Whether he. ought be made responsible, that is, wheth-r it is
expedient that people so situated should be punished in such cases, depends
upon the question, What is moant by a man's not being able to help doing
what he dors ? " (Ibid. 163.)

It is important also to note, that the mere knowledge
of right and wrong in the abstract sense, as inv^olviug a
knowledge of the law of the land, is not suggested as the

144 RECENT JUDICIAL DEPAliTURE IN INSANITY CASES.

best test by the judges, but the party's knowledge
of right and wrong, in respect to the very act with which
he is charged, and the trial judges have since usually
followed this idea

The medical profession of England at once put itself
unanimously, against the view and practice of the
English judges, who made the knowledge of right and
wrong a test of responsibility for the insane. (Eesolu-
tions of the British Associations of Medical Superin-
tendents, July 14, 1S44.)

In some of the American States, the judiciary have
followed the practice of the English judges, and charged
juries, making the knowledge of ri^ht and wrong, the
test of criminal re3ponsibility, in cases of insanity,
notably. New York, Pennsylvania, Massachusetts, Michi-
gan, Alabama, Ohio, and many others.

Writers, however, on both sides the i^tlantic,
legal and medical, with few exceptions, denounce the
test of ''right and wrong" as laid down by the English
judges, and hold it to be inconsistent with the progress
of science, the civilization of the ag-e, and contrary to
the well known experience of mankind. Among legal
writers aside from those cited, are J. Balfour Browne ;^
Wharton and Stille ;t Bishop^, on Criminal Law ; Whar-
ton, § Criminal Law ; Ordronaux; || LordErksine in Had-
field's Case ; Lord Denman in Eex vs. Oxford, and many
others later, while among medical men Ray,*|[ Bucknill
and Tuke,*^ Beck and indeed the whole profession of
medical writers and thinkers, condemn this rule.

• Browne's Med. Jur. §§18 et seq.

t Wharton and Stille, § 59

X 1 Bish Criminal Law (7th ed.\ § 386 et seq.

§ Wharton's Crim. Law, § 33, 34, 35.

II Ordronaux on Insanit}'^, 419.

'ly Ray's Med. Jur., § 16-19.

**Backnell and Tuke, p. 269.

RECENT JUDICIAL DEPAKTUHE IN INSANITY CASES. 145

Among the English writers, however, Baron Bramwell
not only defends the test, but justifies it on principle,
and advances what he insists are strong logical reasons,
why the insane should be punished, even with greater
severity than the sane, for violations of law.

Sir James Stephen says : ^' It is, indeed, more difficult
to say, why a dangerous, incurable madman, should not
be painlessly put to death as a measure of humanity,
than to show why a man who being both mad and wicked
deliberately commits a cruel murder, should be executed
as a murderer. (Hist, of Crim. Law, 78.)

The discussion of this subject has been unfortunately
embittered, distracted, and I feel sure a reasonable solu-
tion delayed, by the intemperate language used by medi-
cal writers, in criticising the dicta of judges and the
opinion of eminent lawyers, especially in Great Britain.

These assaults, so far as I have been able to find on a
careful examination, have usually been the result of
misconceptions in the medical mind. Objects some-
times seem to take on a color from the lens, through
which we regard them, that they do not in fact have.

The mountain is not really blue or green ; it is the
glass of our spectacles that produce, what seems to be a
natural, but what :s in fact a false effect.

I doubt if Bakon Bramwell would have written his
article in the Nliicteeidh (Jentury Magazine,^ except on
provocation, given by medical writers, following such
scathing denunciations as that with w^hich Dr. Henry
Maudsly assailed the English Bench in his Responsi-
bility in Mental Disease,-]; and like criticisms.

Sir James Stephen well says : " Sarcasm and ridicule
are oat of place on the bench, in almost all conceivable

* Insanity and Crime. Nineteenth Century Magazine, Dec, 1885.
f Responsibility in Mental Disease, preface, p. vii.

146 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

cases." when commenting on quite as intemperate
language from judges on the Bench, concerning medical
expert witnesses. Let us hope that the era of temper
and passion has past, and that we can now in both pro-
fessions, law and medicine, discuss this important issue
without passion, prejudice or violent language.

It may be proper to notice some of the positions as-
sumed by Baron Bramwell in his paper, which is his
personal view, and should not be construed as a judicial
decision, or in any sense as of binding force, as a judicial
statement of the law of England. It is, and, only
claimed to be, his private opinion.

The law does not any where make, the mere fact of
insani^y, an excuse for or a defense to, a charge of crime..

Medical men ought not to contend, that the slightest
disease of the brain, should exempt from responsibility,.
per se. The abler doubtless concede this. The question
is or should be, how far does the delusion dominate the
volition ? Or in another class of cases, as Sir James
Stephen puts it, '^Was the accused deprived, by a dis-
ease affecting the mind, of the power of passing a
rational judgment, on the moral character of the act,,
which he meant to do ?"

On the trial of McNaghten, the medical evidence
under or on which the jury acquitted was clear, that he
was laboring under a delusion, which carried him away
beyond the power of his own control. That he was not
capable of exercising any control, over his acts which
had any connection with his delusion."

The charge there was, ^' whether the prisoner had or
had not, the use of his understanding, so as to know that
he was doing a wrong and wicked act, whether the
prisoner was sensible at the time he committed the act,,
that he violated both the law of God and man."

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 147

There is but little doubt that the jury believed in
McNaghten's case that he was so far, insane as to be
entirely dominated by his delusion, and that he was not
therefore criminally responsible.

The test proposed by Baron Bramwell is, '^ That the
law should punish all whom it threatens on conviction.
That it ought to punish all who would he influenced by
the threat^ all whom it would or might deter, or help to
deter : that the question should be, not whether the per-
son accused of crime is mad, but whether he understood
the law^s threat. ^^

This sounds specious, but is not the law of England
now, nor was it ever. The law threatened McNaghten,
yet he was acquitted, because his delusion dominated his
will, in the opinion of the jury. '' He could not help it.''
The law did not, and could not deter him.

The law threatened Hadfield. He knew well tha

nature and character of the act. He well knew it was

high treason. He knew this was a crime punishable
under the English law with death, and his object was
that he might be put to death, to save the world.

By Baron Br am well's test, Hadfield should have been
convicted, and he so asserts in his paper.

But his delusion evidently dominated his will power.

He could have committed suicide, and attained his end,,
but desired rather that his life should be taken by others,
through the channel of punishment for crime.

Lord Kknyon stopped the prosecution, before Erskine
had called half his witnesses for the defence. Why?
The law did threaten Hadfield. Baron Bramwell con-
siders that the law, instead of acting as a deterrent,
actually was an inducement. It assisted him in his de-
lusion, and furnished him with the means of the accom-
plishment of his insane purpose.

14S RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

I assume, as a lawyer, that Baron Bramwell would
consider, that the act of Lord Kenyon, the trial judge, in
stopping the prosecution and dismissing the case, was a
judicial decision of an English court of competent juris-
diction, v^hich judicially established as the law of that
case, that H adfield's act was not a violation of English
law.

That decision of Lord Kenyon has not been reversed,
overruled or set aside, by any English court of compe-
tent jurisdiction, and it is English law to-day, higher
than the opinion of any judge off the bench, upon an
abstract question, in a polemnical controversy, even if it
were the Lord Chief Justice. Baron Bramwell may
differ in opinion with Lord Kenyon. He may think the
latter's decision was erroneous, but how can he claim that
the decision is not an authority as English law till over-
ruled or set aside.

Baron Bramwell] 's proposed test is both novel and neiv.

It is not a safe test in many respects :

1. He would exempt all who do not understand the
law's threat.

Ignorance of the law has ever been held to be no de-
fence fur crime.

One who really did not know of the law he was viola-
ting, should he be excused ?

2. All who would be in any degree influenced by the
law's threat, or whom it would or might deter.

a. Do not threats of personal harm oftentimes deter
the insane, from acts not necessarily wrong, but which
influence their conduct ?

b. Are not the insane influenced by threats of punish-
ment, by mechanical restraints, solitary confinement*
placing in undesirable wards, etc. ?

c. Baron Bramwell claims that because the insane in

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 140

asylums, can be influenced by threats in the control
of their conduct, or by what may be called asylum dis-
cipline, that they are under the law's threat, and
therefore responsible.

I concede that they are constantly so influenced, but
where does this lead to ? Not necessarily to responsibihty.

Would Baron Bramwell say, that under the law of
England, an incurable lunatic, an inmate of an asylum,
should be hung, for the homicide of a keeper, physician,
or even another inmate ? Has such a thing hap-
pened ? Can it occur ? Yet the law threatens him.
He knows right from wrong, and knows he is doing
wrong, and he is influenced by, and is under the threat
of the law, if Baron Bramwell is correct.

It is a question of degree, this power of the will. A
homicidal or suicidal lunatic, threatened with a strait-
jacket by his keeper, or with hyosciamus by a physician,
might be able to abstain from a given line of forbid-
den conduct, in an asylum, and yet be wholly unable to
resist killing another in the one case, or himself in the
other, if the watch upon him was intermitted an instant.

d. The ability to comprehend the law's threat, must be
considered in connection with, and in relation to the will
power of the lunatic, to resist or overcome the impulse
or delusion.

Does the delusion dominate the will ? Could he help
it ? should be the question.

Baron Bramwell, in the Dove case, whom he describes
as '^undoubtedly of questionable sanity;" and in an-
other as '' such a madman as Dove," is reported to have
himself suggested as a test, '' Could he help ^Y.^" a much
better and safer one, than that propounded in his
paper, and nearer the true meaning of the English law.

What are legal punishment for offences ? How insti-

150 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

tuted, how justified ? Human society has abvays justi-
fiably exercised the right, of regulating human conduct^
by laws enacted under regular forms for punishing offend-
ers. The theory is that majorities must rule.

The protection of the rights of man, involves and
necessitates punishment for human wrongs.

No one doubts the right of society, to take a human
life as penalty for murder.

Society has the same right to execute an insane man^
as a sane. I speak in the sense of power or authority.

The North American savage, killed the insane on the
theory, that he was of no further use to himself or the
tribe.

It is said that the Chinese kill the hopelessly insane.
A homicidal lunatic at large is a popular danger. So-
ciety would be justified in passing laws, to execute
every insane person or to place under restraint every
insane member, if the requisite majority of the law-
making power, united in believing that the general wel-
fare of the State, would be thus benefited. It is com-
mon to say this doctrine is barbarous. It is, perhaps, bar-
barous for the law to hang a man, sometimes, bloody,
hideous, ghastly. It is still the laiv.

I quite agree with the Baron, in what he says about
the object of punishment, " The law does not punish for
revenge, but for prevention." ^^ Punishment is not
threatened out of revenge or spite." Society could
never justify itself, in taking a human life, in any retali-
atory spirit, or in the slightest sense of vindictive repara-
tion, or expiation for crime. No writer has in our day,,
claimed that.

How far the insane person had the actual power to
resist, was conscious of the nature of the act, threatened
by the law, and to some extent even influenced by it,.

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 151

would be a safer legal test than the one proposed by the
Baron, who considers that under the latter, most cases of
offenses by the acknowledged insane, would be followed
by conviction and punishment. There is not, but if
there was, there should be nothing in the law of Eng-
land, that would force us to such an attitude, towards
that unfortunate class, whom the Earl of Shaftesbury
so well described, as the most unfortunate because the
most friendless of the human race.

All men who reflect, or examine the insane know,
that a very large per cent, of the inmates of Insane Hos-
pitals, including all who have any glimmer of reason
often know right from wrong, the nature and degree
of punishment for crimes, and yet no one would, in
the nature of things, recognize such a test, in case of
homicides occurring among the inmates of asylums, nor
do the judges pretend to do so, in either country, in that
class of cases, where the offences were committed in the
institutions for the insane.

The practical enforcement, of such a test of responsi-
bility for the insane, as that stated in the answers of
the English judges, was followed by the conviction in
the American states, of many confessedly insane persons,
their frequent execution, creating public excitement
and distrust, of our criminal procedure, in the popular
mind.

The whole path of judicial decisions during, the last
part of the present century, is illustrated by rows of
scaffolds, — a reproach upon our civilization, — on which
have perished the insane, convicted by juries, under the
direction of judges, who made knowledge of right and
wrong, the test of criminal responsibility !

The judiciary in some of the American states, realizing
the evil, commenced to grapple, with the issue.

152 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

In New Hampshire Judge Doe wrote a masterly opin-
ion of the Court, in State vs. Pike, repudiating the rule
of the McNaghten Case (49 N. H., p. 399), (50 N. H. , 369).
And similar decisions followed in Kentucky (Kriel vs.
Cora., 5, Bash (Ky.), 362), Smith vs. Com., 1 Duv. (Ky.),
224) ; in Virginia (Dejarnette vs. Com., 75 Va., 876 ; in
Mississippi (Cunningham vs. State, 56 Miss., 26^) ; in
Connecticut (State vs. Johnson, 40 Conn., 136), Anderson
vs. State, 43 Conn. 514) ; in Iowa (State vs. McWhorter,
46 Towa, 88), State vs. Felfces, 35 Iowa, 68) ; in Illinois
(Hopp vs. People, 31 111., 385) ; in Indiana (Bradley vs.
State, 31 Ind., 492) ; in Texas (Harris vs. State, 18 Tex.
Court of Appeals, 87) ; in Pennsylvania (Coyle vs. Com.,
100 Pa., p. 573); in Georgia (Roberts vs. State, 3 Ga.,
310) ; in Massachusetts (Com. vs. Rogers, 7 Mete, 500.)

In England the conviction of men confessedly insane,
under the charge of judges, insisting upon the right and
wrong tests, and notably the later cases of Goldstone
and Cole, led to such excitement in the public mind,
that the execution of the insane, thus convicted was
finally averted by a medical inquiry, after sentence,
under the authority of the Home Secretary, and the un-
fortunates were placed in Broadmoor Asylum for what
are called insane criminals, during her majestys pleasure.

In America they were usually executed, as in cases
of GiiiDeau, Dr. Beach, Taylor and others in Pennsyl-
vania, the executives sometimes, not being willing, to
institute the necessary medical inquiry after conviction,
though the law provided for it, in nearly all cases.
In New York, however. Governor Hill has always
institufc d the medical inquiry after conviction, if any
doubt or question existed, though in Pennsylvania Gov-
ernor Pattison refused such an application, in case
of Beach though strongly urged, and high medical

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 153:

authority pronounced him insane, and probably wholly
unconscious when committing the act. The President of
the United States, did not authorize such an inquiry
in case of GtUITEAu, which is a source of regret. The
post-mortem deaionstrated his insanity, which post-
mortems frequently do not establish where insanity
really exists. The writer heard Guiteau's address to the
jury on the trial, in which he laughed, shed tears, sang
poetry, acting like an insane person, strongly indicating
that he had lost will power, and was dominated by
his delusion.

A high medical authority states, that in England,
these judicial scandals, are now substantially averted,
by an instruction given from the Home Office to Govern-
ment counsel, in the criminal courts, to institute an in-
quiry in every case, where there is any reason to suspect
insanity exists, or will be pleaded; to be conducted by the
judges before the trial, by the examination of leading
and acknowledged competent medical experts, and that
in consequence, we are not likely to see insane persons
executed, except very rarely, in that country, under the
present law ; but in our own country, in more than half
the states, the right and wrong test is still in force, and
the insane are constantly convicted, and often executed.

Two notable events have occurred recently, bearing
directly upon these questions, so important in their in-
fluence and consequences, that I have felt it a matter of
duty, to call the attention of the Medico-Legal Society to
them, and through the press to the notice of the scientific
world, as reflecting the progress or evolution of Ameri-
can judicial thought, upon this subject.

The first was the case of Parsons, tried in the State of
Alabama, for murder, and the latter the case of Daly,
tried recently in the District of Columbia, for the same,
offense.

15J: RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

I submit the opinion of the Supreme Court of last
resort in Alabama, as furnished me by Judge H. M.
Somerville, a member of the Medio Legal Society, re-
igarding it as I do, as the most able and scholarly recent
review ot the question, without remark, except to say ;
that the decision of this case repudiates the rule in
McNaghten case in Alabama, where hitherto it had ob-
tained, and adds that state to the list of American States
where it no longer is followed.

Judge Somerville for many years has been a mem-
ber of the Board of Managers of the Alabama State
Hospital for the Insane at Tuscaloosa, and has a per-
sonal and practical knowledge of the insane, which
eminently fits him for the careful examination of this
subject, which the opinion adopted by the court exempli-
fies.

PARSONS V. STATE ; SUPREME COURT OF ALABAMA.— OPIN-
ION OF SOMERVILLE, J.

Indictment for Murder.

1. Insanity as a defense; proper rule of legal responsibility. — The capacity to
distinguish between right and wrong, either abstractly or as apphed to the
particular act, as a legal test of responsibility for crime, is repudiated by
the more advanced authorities, legal and medical, who lay down the fol-
lowing rules wh ch the court now adopts: (1), where there is 'no such
<japacity to distinguish between right and wrong, as applied to the particular
act, there is no legal responsibility; (2), where there is such capacity, a
defendant is nevertheless not legally responsible, if, by reason of the duress
of mental disease, he has so far lost \^iq power to choose between right and
wrong, as not to avoid doing the act in question, so that his free agency was
at the time destroyed; and, at the same time, the alleged crime was so
■connected with such mental disease, in relation of cause and effect, as to
have been the product or offspring of it solely.

2. Delusional insanity; the same rule. — The same rule applies to delusional
insanity, and necessarily conflicts with the old rule laid down by the
English Judges, in McNaghten's Case^ that, in ca?e of delusion, the de-
fendant, " must be considered in the same situation as to responsibility, as
if the facts with reopect to which the delusion exists were real." (The
4th head-note in BoswelVs Case, 63 Ala. 308, on this point pronounced
obiter dictum.)

3 Inmnity as a disease; question for jury . — The existence or non-existence
of the disease of insanity, such as may fall within the above rule, is a

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 155'

question of fact to be determined in each particular case by the jury,
enlightened if necessary, by the testimony of experts.

4. Same; burden of proof; reasonable doubt. — When insanity is set up as a
defense in a criminal case, it must be established to the satisfaction of the
jury by a preponderance of the evidence, and a reasonable doubt of the
defendant's sanity, raised by all the evidence, does not justify aa
acquittal.

5. Special venire; and service of copy on defendant. — Under the provision*
of the act approved February 17, 1885, regulating the drawing and sum-
moning of jurors (Acts Ala. 1884-85, pp. 181-87), the special venire for a
capital case consists of the regular jurors for the week, and the additional
jurors (not being less than twelve nor more than twenty-four) drawn by
the presiding judge in open court; and a copy of the names of these jurors
being served on the defendant, it is no objection that some of them were
not then summoned, or were not summoned at all.

6. Non-experts as witnesses in irtsanity cases. — The rule on this subject,
stated Ford's Case, 71 Ala. 385, adhered to, that while non-experts may give
their opinions, on the question of the defendant's alleged insanitj'', such
opinions must first be prefaced by a statement of the facts upon which it is
based.

Appeal from City Court of Birmingham.

Tried before the Hon. H. A. Sharpe.

The indictment in this case charged that the defendants, Nancy J. Par-
sons and Joe Parsons, unlawfully and with malice aforethought, killed
Bennett Parsons by shooting him with a gun.

On said trial the evidence, on behalf of the State, tended to show, that the
defendants, Joe Parsons and Nancy J. Parsons, murdered Bennett Parsons
on January 31, 1885, by shooting him with a gun.

The evidence on behalf of defendants tended to show, that defendant,
Joe Parsons, was, at the time of said killing, and had always been an idiot;
and that defendant, Nancy Parsons, was, at the time of said killing, insane;
that the act of Nancy, assisting in the killing of deceased, was the result of
an insane delusion, that deceased possessed supernatural power to afflict her
with disease, and power, by means of a supernatural trick, to take her life;
that deceased by means of such supernatural power, had caused said Nancy
to be sick and In bad health for a long time, and that her act at the time of
said killing, in assisting therein, was under the insane delusion that she was-
in great danger of the loss of her life from deceased, to be effected by a
supernatural trick. The defendant, Nancy, was the wife of deceased, and
defendant, Joe, was his daughter. The evidence also tended to show in-
sanity for two generations, in the families of said defendants.

The defendant, Joe, offered to prove by Mrs. James Nail, that "she had
known Joe Parsons from her infancy, that she has been idiotic all her life,
and she is idiotic now, and that she has seen her frequently during her
acquaintance with her, and has often conversed with her." The State
objected to the introduction of said evidence, which objection the court
sustained, and defendants excepted.

The Court, ex mero inotu, charged the jury that, " When insanity is relied
on as a defense to crime, and such insanity consists of a delusion merely.

156 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

and the defendant is not shown to be otherwise insane, tlien such delusion
is no justification or excuse of homicide, unless the perpetrator was insanely
deluded into the belief of the existence of a fact or state of facts which, if
true, would justify or excuse the homicide under the law applicable to sane
persons." The defendants duly excepted to the giving of this charge.

The court gave the following, among other charges, at the request of the
State, to which defendants duly excepted :

" 2. It is only insanity of a chronic or permanent nature, which, on being
proved, is presumed to continue; there is no presumption that fitful and
exceptional attacks of insanity are continuous."

"5. If the jury believe from all the testimony that the defendants at the
time of the killing, were in such a state of mind as to know, that the act they
were committing was unlawful and morally wrong, they are responsible as
a sane person, if the jury believe they committed the act with which they
are charged."

The defendants asked the following charges, in writing, which the court
refused to give, and to which rulings of the court exceptions were duly
reserved.

"6. In order to constitute a crime the accused must have memory and in-
telligence sufiicient to know, that the act she is about to commit is wrong, to
remember and understand that if she commits the act she will be punished,
and besides this, reason and will to enable her to comprehend and choose
between the supposed advantage at the gratification to be obtained by the
criminal act, and the immunity from punishment which she will secure by
abstaining from it. "

"8. If the jury believe from the evidence that the prisoners or either of
them, was moved to action by an insane impulse controlling their will or their
judgment, then they are, or the one so affected, is, not guilty of the crime
charged."

" 12. If the jury believe from the evidence, that the prisoners committed
the act in a manner which would be criminal and unlawful, if they were
sane, the verdict should be " not guilty," if the killing was an offspring or
product of mental disease in the prisoner.

The jury, on their retirement, found the defendants guilty of murder in
the second degree, and this appeal is prosecuted from the judgment rendered
on such finding.

Smith & Lowe and Wm. Bethea, for appellants.
T. N. McClellan, Attorney-General, contra.

SoMERViLLE, J. — In this case the defendants have been convicted of
the murder of Bennett Parsons, by shooting him with a gun, one of the de-
fendants being the wife, and the other the daughter of the deceased. The
defense set up in the trial was the plea of insanity, the evidence tending to
show, that the daughter was an idiot, and the mother and wife a lunatic,
subject to insane delusions, and that the killing on her part was the off-
spring and product of those delusions.

The rulings of the court raise some questions of no less difficulty than of
interest, for, as observed by a distinguished American judge, " of all medi-
co-legal questions, those connected with insanity are the most difficult and

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 157

perplexing." — Per Dillon, C. J., in State v. Felter, 35 Iowa, 67. It has
i^ecome of late a matter of comment among intelligent men, including the
most advanced thinkers in the medical and legal professions, that the de-
liverances of the law courts, on this branch of our jurisprudence have not
heretofore been at all satisfactory, either in the soundness of their theories,
or in their practical application. The earliest English decisions, striving
to establish rules and tests on the subject, including alike the legal rules of
criminal and civil responsibility, and the supposed tests of the existence of
the disease of insanity itself, are now admitted to have been deplorably er-
roneous, and to say nothing of their vacillating character, have long since
been abandoned. The views of the ablest of the old text writes and sages
of the law were equally confused and uncertain in the treatment of these
subjects, and they are now entirely exploded. Time was in the history of
our laws, that the veriest lunatic was debarred from pleading his providential
affliction as a defence to his contracts. It was said, in justification of so ob-
surd a rule, that no one could be permitted to stultify himself by pleading
his own disability. So great a jurist as Lord Coke, in his attempted class-
ification of madmen, laid down the legal rule of criminal responsibility to
be, that one should " wlwlly have lost his memory and understanding ; " as
to which Mr. Erskine, when defending Hadfield for shooting the King, in
the year 1800, justly observed: "No such madman ever existed in the
world," After this great and historical case, the existence of delusion
promised for a while to become the sole test of insanity, and acting under
duress of such delusion was recognized in effect, as the legal rule of respon-
sibility. Lord Kenyon, after ordering a verdict of acquittal in that case,
declared with emphasis, that there was ' ' no doubt on earth " the law was
correctly stated in the argument of the counsel. But, as it was soon dis-
covered that insanity often existed without delusions, as well as delusions
without insanity, this view was also abandoned. Lord Hale had before de-
clared that the rule of responsibility, was measured by the mental capacity
possessed by a child fourteen years of age, and Mr. Justice Tracy, and
other judges, had ventured to decide that, to be non-punishable for alleged
acts of crime, "a man must be totally deprived of his understanding and
memory, so as not to know what he was doing — no more than an infant, a
brute, or a wild beast."" — Arnold's Case, 16 How, St. Tr, 764. All these rules
have necessarily been discarded in modern times, in the light of the new
scientific knowledge acquired by a more thorough study of the disease of
insanity. In Bellingham' s Case, decided in 1812, by Lord Mansfield at the
Old Bailey, (Coll. on Lun. 630), the test was held to consist in a knowledge
that murder, the crime there committed, was " against the laws of God and
nature," thus meaning an ability to distinguish between right and wrong
in the abstract. This rule was not adhered to, but seems to have been
modified so as to make the test rather a knowledge of right and wrong as
applied to the particular act. — Lawson on Insanity, 231, %1 et seq. The
great leading case on this subject in England, is McNaghten's case, decided
1843 before the English House of Lords, 10 CI. & F. 200 ; s. c, 2 Lawson's
Cr. Def, 150, It was decided by the Judges in that case, that, in order to
entitle the accused to acquittal, it must be clearly proved that, at the time
■of committing the offense, he was laboring under such a defect of reason.

158 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

from disease of the mind, as not to know the nature and quality of the act
he was doing, or, if he did, not to know that what he was doing was wrong.
This rule is commonly supposed to have heretofore been adopted by this
court, and has been followed by the general current of American adjudi-
cations.— Boswell V. The State, 63 Ala. 307 ; s. c., 35 Amer. Rep. 20; s. c,
2 Lawson's Cr. Def. 352 ; McAllister v. State, 17 Ala. 434 ; Lawson on In-^
sanity, 219-221, 231.

In view of these conflicting decisions, and of the new light thrown on the
disease of insanity, by the discoveries of modern psychological medicine,
the courts of the country may well hesitate, before blindly following in the
unsteady footsteps found upon the old sandstones of our common law jur-
isprudence a century ago. The trial court, with prudent propriety, fol-
lowed the previous decisions of this court, the correctness of which, as to
this subject, we are now requested to review. We do not hesitate to say
that we reopen the discussion of this subject with no little reluctance,
having long hesitated to disturb our past decisions on this branch of the law.
Nothing could induce us to do so, except an imperious sense of duty, which has
been excited by a protracted investigation and study, impressing our minds
with the conviction, that the law of insanity as declared by the courts on
many points, and especially the rule of criminal accountability, and the
assumed tests of disease, to that extent which confers legal irresponsibility,
have not kept pace with the progress of thought and discovery, in the
present advanced stages of medical science. Though science has led the
way, the courts of England have declined to follow, as shown by their ad-
herance to the rulings in McMighten's case, emphasized by the strange de-
claration made by the Lord Chancellor of England, in the House of Lords,
on so late a day as March 11, 1862, " that the introduction of medical
opinions and medical theories into this subject, has proceded upon tJie
vicious principle of considering insanity as a disease ! "

It is not surprising that this state of affairs has elicited from a learned law
writer, who treats of this subject, the humiliating declaration, that, under
the influence of these ancient theories, "the memorials of our jurispru-
dence are written all over with cases, in which those who are now under-
stood to have been insane, have been executed as criminals," — 1 Bish. Cr.
Law (7th Ed.), § 390. There is good reason, both for this fact, and for the-
existence of unsatisfactory rules on this subject. In what we say we do
not intend to give countenance to acquittals of criminals, frequent exam-
ples of which have been witnessed in modern times, based on the doctrine
of moral or emotional insanity, unconnected with mental disease, which is
not yet sufficiently supported by psychology, or recognized by law as an
excuse for crime. — Boswell's case, supra; 1 Whar. Cr. Law, (9th Ed.), ^ 43.

In ancient times, lunatics were not regarded as " unfortunate sufferers
from disease, but rather as subjects of demoniacal possession, or as self-
made victims of evil passions." They were not cared for humanely in
asylums and hospitals, but were incarcerated in jails, punished with chains
and stripes, and often sentenced to death by burning or the gibbet. AVhen
put on their trial, the issue before the court then was not as now. If ac-
quitted, they could only be turned loose on the community, to repeat their
crimes without molestation or restraint. They could not be committed to»

RECENT JUDICLXL DZPA'ITURE IX INSANITY CASES. 159

hospitals, as at the present day, to be kept in c :stody, cared for by medical
attention, and often cured. It was not until llie beginning of the present
century, that the progress of Christian civilization asserted itself by the ex-
posure of the then existing b irbarities, and that the outcry of philanthro-
pists, succeeded in eliciting an investigation of the British Parliament look-
ing to their suppression. Up to that period the medical treatment of the
insane is known to have been conducted upon a basis of ignorance, inhu-
manity, and empiricism, — Amer. Cyclop., Vol. 9 (1874), title Insanity.
Being punished for wickedness, rather than treated for disease, this is not
surprising. The exposure of these evils not only led to the establishment of
that most beneficient of modern civilized charities — the Hospital and Asy-
lum for the Insane — but also furnished hither:o unequalled opportunities to
the medical profession, of investigating and treating insanity on the patho-
logical basis, of its being a disease of the brain. Under these new and more
favorable conditions the medical jurisprudence of insanity has assumed an
entirely new phase. The nature and exciting causes of the disease, have
been thoroughly studied and more fully comprehended. The result is that
the " right and wrong test," as it is sometimes called, which, it must be re-
membered, itself originated with the medical profession, in the mere dawn
of the scientific knowledge of insanity, has been condemned by the great
current of modern medical authorities, who believe it to be " founded on an
ignorant and imperlect view of the disease," Encyc. Brit. Vol. 15 (9th
Ed.), title, Insanity.

The question then presented seems to be, whether an old rule of legal re-
sponsibility shall be adhered to, based on theories of physicians promul-
gated a hundred years ago, which refuse to recognize any evidence of in-
sanity, except the single test of mental capacity to distinguish right and
wrong — or whether the courts will recognize as a possible fact, if capable of
proof by clear and satisfactory testimony, the doctrine, now alleged by
those of the medical profession who have made insanity a special subject
of investigation, that the old test is wrong, and that there is no single test by
which the existence of the disease, to that degree which exempts from pun-
ishment, can in every case be infallibly detected. The inquiry must not be
unduly obstructed by the doctrine of stare decisis, for the life of the common
law system and the hope of its permanency, consist largely in its power of
adaptation to new scientific discoveries, and the requirements of an ever
advancing civilization. There is inherent in it the vital principle of juri-
dical evolution, which preserves itself by a constant struggle for approxi.
mation to the highest practical wisdom. It is not like the laws of Medes
and Persians, which could not be changed. In establishing any new rule,
we should strive, however, to have proper regard for two opposite aspects
of the subject, lest, in the words of Lord Hale, "on one side, there be a
kind of inhumanity towards the defects of human nature ; or, on the other,
too great indulgence to great crimes."

It is everywhere admitted, and as to this there can be no doubt, that an
idiot, lunatic, or other person of diseased brain, who is afflicted to such ex-
tent as not to know whether he is doing right or wrong, is not punishable
for any act which he may do while in that state.
. Can the courts justly say, however, that the only test or rule of responsi-

160 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

bility in criminal cases is the power to distinguish right from wrong^
whether in the abstract, or as applied to the particular case ? Or may there
not be insane persons, of a diseased brain, who, while capable of perceiving
the difference between right and wrong, are, as matter of fact, so far under
the duress of such disease as to destroy the power to choose between right and
wrong ? Will the courts assume as a fact, not to be rebutted by any
amount of evidence, or any new discoveries of medical science, that there
is, and can be no such state of the mind, as that described by a writer on
psychological medicine, as one " in which the reason has lost its empire-
over the passions, and the actions by which they are manifested, to such a
degree, that the individual can neither repress the former, nor abstain from
the latter ? "—Dean's Med. Jur. 497.

Much confusion can be avoided in the discussion of this subject, by sep-
arating the duty of the jury from that of the court, in the trial of a case of
this character. The province of the jury is to determine facts, that of the
court to state the law. The rule in McNaghten's case arrogates to the courts,
in legal effect, the right to assert, as matter of law, the following proposi-
tions :

(1). That there is but a single test of the existence of that degree of in-
sanity, such as confers irresponsibility for crime.

(2). That there does not exist any case of such insanity, in which that
single test — the capacity to distinguish right from wrong — does not appear.

(3). That all other evidences of alleged insanity, supposed by physi-
cians and experts, to indicate a destruction of the freedom of the human
will, and the irresistible duress of one's actions, do not destroy his mental
capacity to entertain a criminal intent.

The whole difficulty, as justly said by the Supreme Judicial Court of
New Hampshire, is, that " courts have undertaken to declare that to be law
which is matter of fact ^ "If," observes the same court, " the tests of in-
sanity are matters of law, the practice of allowing experts to testify what
they are should be discontinued ; if they are matters of fact, the judge
should no longer testify without being sworn as a witness, and showing
himself to be qualified to testify as an expert. — State v. Pike, 49 NT. H. 399.

We first consider what is the proper legal rule of responsibility in criminal
cases.

No one can deny that there must be two constituent elements of legal
responsibility in the commission of every crime, and no rule can be just
and reasonable which fails to recognize either of them : (1). Capacity of
intellectual discrimination ; and (2). Freedom of will. Mr. Wharton, after
recognizing this fundamental and obvious principle, observes: "If there
be either incapacity to distinguish between right and wrong as to the par-
ticular act, or delusion as to the act, or inability to refrain from doing the
act, there is no responsibility." — 1 Whar. Cr. Law. (9th ed.), § 33. Says
Mr. Bishop, in discussing this subject : "There cannot be, and there is
not, in any locality or age, a law punishing men for what they cannot
avoid."— 1 Bish. Cr. Law. (7th ed.), § 3836.

If, therefore, it be true, as a matter of fact, that the disease of insanity
can, in its action on the human brain, through a shattered nervous organi-
zation or in any other mode, so affect the mind as to subvert the freedom.

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 161

of the will, and thereby destroy the power of the victim, to choose between
the right and wrong, although he perceive it — by which we mean the
power of volition to adhere in action to the right, and abstain from the
wrong-^is such a one criminally responsible, for an act done under the
influence of such controlling disease ? We clearly think not, and such, we
believe to be the just, reasonable and humane rule, towards which all the
modern authorities in this country, legislation in England, and the laws of
other civilized countries of the world, are gradually, but surely te.nding, as
we shall further on attempt more fully to show.

We next consider the question as to the probable existence of such a diseoMy
and the test of its presence in a given case.

It will not do for the courts to dogmatically deny, the possible existence
of such a disease, or its pathological and psychical effects, because this is a
matter of evidence, not of law, or judicial cognizance. Its existence, and
effect on the mind and conduct of the patient, is a question of fact to be
proved, just as much as the possible existence of cholera or yellow fever
formerly was, before these diseases became the subjects of common knowl-
edge, or the effects of delirium from fever, or intoxication from opium and
alcoholic stimulants would be. The courts could, with just as much pro-
priety, years ago, have denied the existence of the Copernican system of
the universe, the efficacy of steam and electricity as a motive power, or the
possibility of communication in a few moments between the continents of
Europe and America by the magnetic telegraph, or that of the instantan-
eous transmission of the human voice, from one distant city to another by
the use of the telephone. These are scientific facts, first discovered by
experts, before becoming matters of common knowledge. So, in like
manner, must be every other unknown scientific fact, in whatever profes-
sion or department of knowledge. The existence of such a cerebral dis-
ease, as that which we have described, is earnestly alleged by the superin-
tendents of insane hospitals, and other experts, who constantly have
experimental dealings with the insane, and they are permitted every day to
so testify before juries. The truth of their testimony, or what is the same
thing, the existence or non-existence of such a disease of the mind— by
which we of course mean, disease of the brain affecting the mind — in each
particular case, is necessarily a matter for the determination of the jury
from the evidence.

So it is equally obvious that the courts can not, upon any sound principle,
undertake to say, what are the invariable or infallible tests of such disease.
The attempt has been repeatedly made, and has proved a confessed failure
in practice, " Such a test," says Mr. Bishop, " has never been found, not
because those who have searched for it have not been able and diligent,
but because it does not exist." — 1 Bish. Cr. Law. (7th ed.). § 381, In this
conclusion, Dr. Ray, in his learned work on the Medical Jurisprudence of
Insanity, fully concurs. Ray's Med. Jur. Ins., p. 39. The symptoms and
causes of insanity are so variable, and its pathology so complex, that no two
cases may be just alike. "The fact of its existence," says Dr. Ray, "is
never established by any single diagnostic symptom, but by the whole body
of symptoms, no particular one of which is present in every case." — Ray's
Med. Jur. of Ins. § 24. Its exciting causes being moral, psychical, and

102 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

physical, are the especial subject of specialists' study. What effect may
be exerted on the given patient by age, sex, occupation, the seasons, per-
sonal surroundings, hereditary transmission, and other causes, is the sub-
ject of evidence based on investigation, diagnosis, observation, and experi-
ment. Peculiar opportunities, never before enjoyed in the history of our
race, are offered in the present age for the ascertainment of these facts, by
the establishment of asylums for the custody and treatment of the insane,
which Christian benevolence and statesmanship have substituted for jails
and gibbets. The testimony of these experts — differ as they may in many
doubtful cases — would seem to be, the best which can be obtained, howevtr
unsatisfactory it may be in some respects.

In the present state of our law, under the rule in McNaghten's case, we
are confronted with this practical difficulty, which itself demonstrates the
defect of the rule. The courts in effect charge the juries, as matter of law,
that no mental disease exists, as that often testified to by medical writers,
superintendents of insane hospitals, and other experts — that there can be as
a matter of scientific fact no cerebral defect, congenital or acquired, which
destroys the patient's power of self-control — his liberty of will and action —
provided only he retains a mental consciousness of right and wrong. The
experts are immediately put under oath, and tell the juriei just the contrary
as matter of evidence ; asserting that no one of ordinary intelligence can
spend an hour in the wards of an insane asylum, without discovering such
cases, and in fact that "the whole management of such asylums presupposes
a knowledge of right and wrong on the part of their inmates." — Guy & F.
on Forensic Med. 220. The result in practice, we repeat, is that the courts
charge one way, and the jury, following an alleged higher law of humanity,
find another, in harmony with the evidence.

In Bucknill or Criminal Lunacy, p. 59, it is asserted as *' the result of
observation and experience, that in all lunatics, and the most degraded
idiots, whenever manifestation of any mental action can be educed, the
feeling of right and \vrong may be proved to exist."

" With regard to this test," says Dr. Russell Reynolds, in his work on
"' The Scientific Value of the Legal Tests of Insanity," p. 34 (London, 1872),
''I may say, and most emphatically, that it is utterly untrustworthy, be-
cause untrue to the obvious facts of Nature."

In the learned treatise of Drs. Bucknill and Tuke on "Psychological
Medicine," p. 269 (4th ed. London, 1879), the legal tests of responsibility
are discussed, and the adherence of the courts to the right and wrong
test is deplored as unfortunate, the true principle being stated to be
" whether, in consequence of congenital defect or acquired disease, the
power of self-control is absent altogether, or is so far wanting as to render the
individual irresponsible." It is observed by the authors : "As has again
and again been shown, the unconsciousness of right and wrong is one thing,
and the powerlessness through cerebral defect or disease to do right is
another. To confound them in an asylum would have the effect of trans-
ferring a considerable number of the inmates thence to the treadmill or the
gallows."

Dr. Peter Br^ce, Superintendent of the Alabama Insane Hospital for
more than a quarter of a century past, alluding to the moral and disciplinar

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 103

treatment to which the insane inmates are subjected, observes : *' They are
dealt with in this institution, as far as it is practicable to do so, as rational
beings ; and it seldom happens that we meet with an insane person who
cannot be made to discern, to some feeble extent, his duties to himself and
others, and his true relations to society." Sixteenth Annual Rep. Ala.
Insane Hosp. (1876), p. 23 ; Biennial Rep. (1886), pp. 12-18.

Other distinguished writers on the medical jurisprudence of insanity
have expressed like views, with comparative unanimity. And no where do
we find the rule more emphatically condemned, than by those who have the
practical care and treatment of the insane, in the various lunatic asylums of
every civilized country. A notable instance is found in the following reso-
lution unanimously passed at the annual meeting of the British Association
of medical-officers of Asylums and Hospitals for the Insane, held in Loudon,
July 14 1864, where there were present fifty-four medical officers:

Resolved, That so much of the legal test of the mental condition of an
alleged criminal lunatic, as renders him a responsible agent, because he
knows the difference between right and wrong, is inconsistent with the fact,
well known to every member of this meeting, that the power of distinguish-
ing between right and wrong, exists very frequently in those who are un-
doubtedly insane, and is often associated with dangerous and uncontrol-
lable delusions." Judicial Aspects of Ins. (Ordronaux, 1877), 423-424.

These testimonials as to a scientific fact, are recognized by intelligent
men in the affairs of every day business, and are constantly acted on by
juries. They cannot be silently ignored by judges. Whether established
or not, there is certainly respectable evidence tending to establish it, and
this is all the courts can require.

Nor are the modern law writers silent, in their disapproval of the alleged
test under discussion. It meets with the criticism or condemnation of the
most respectable and advanced in thought among them, the tendency
being to incorporate in the legal rule of responsibility " not only the knoicl-
edge of good and evil, but the power to clioose the one, and refrain from the
other." Browne's Med. Jur. of Insanity. ^§ 13 et seq., ^ 18 ; Ray's Med.
Jur., §§ 16-19 ; Whart. & Stiles' Med. Jur. § 59 ; 1 Whart. Cr. Law (9th
ed.), §§ 33, 43, 45 ; 1 Bish. Cr. Law (Tth ed.), § 386 et seq.; Judicial As-
pects of Insanity (Ordronaux), 419 ; 1 Greenl. Ev. § 372 ; 1 Steph. Hist. Cr.
Law, g 168 ; Amer. Law. Rev. Vol. 4 (1869-70), 236 et seq.

The following practicable suggestion is made in tli3 able treatise of Bal-
four Browne above alluded to : '' In case of alleged insanity, then," he says,
" if the individual suffering from enfeeblement of intellect, delusion, or any
other form of mental aberration, was looked upon as, to the extent of this
delusion, under the influence of duress (the dire duress of disease), and in
so far incapacitated to choose the good and eschew the evil, in so far, it seems
to us," he continues, '• would the requirements of law be fulfilled ; and in
that way it would afford an opening, by the evidence of experts, for the
proof of the amount of self -duress in each individual case, and thus alone
can the criterion of law and the criterion of the inductive science of medical
psychology be made to coincide." Med. Jur. of Ins. (Browne), § 18.

This, in our judgment, is the practical solution of the difficulty before us,
as it preserves to the courts and juries, respectively, a harmonious field for
the full assertion of their time honored functions.

164: RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

So great, it may be added, are the embarrassments growing out of the old
rule, as expounded by the judges in the House of English Lords, that, in
March, 1874, a bill was brought before the House of Commons, supposed to
have been drafted by the learned counsel for the Queen, Mr. Fitzjames
Stephen, which introduced into the old rule, the new element of an ab-
sence of the power of self-control, produced by diseases affecting the mind,
and this proposed alteration of the law was cordially recommended by the
late Chief Justice Cockburn, his only objection being that the principle was
proposed to be limited to the case of homicide. — 1 Whart. Cr. Law (9th ed.),
§ 45, p. 66, note 1 ; Browne's Med. Jur. of Ins., § 10, note 1.

There are many well considered cases which support these views.

In the famous case of Hadjield, 27 How. St. Tr. 1282, s. c. 2 Lawson's Cr.
Def. 201-215, who was indicted and tried for shooting the King, and who
was defended by Mr. Erskine in an argument most able and eloquent, it
clearly appeared that the accused understood the difference between right
and wrong as applied to the particular act. Yet he labored under the
delusion, that he had constant intercourse with the Divine Creator; that the
world was coming to an end, and that, like Christ, he must be sacrificed for
its salvation. He was so much under the duress of the delusion that he
"must be destroyed, but ought not to destroy himself," that he committed
the act for the specific purpose of being arrested and executed. He was
acquitted on being tried before Lord Kenyon, and, no one ever doubted,
justly so.

The case of United States v. Lawrence, 4 Cr. C. C. Rep. 518, tried in 1835,
presented another instance of delusion, the prisoner supposing himself to be
the King of England and of the United States, as an appendage of England,
and that General Jackson, then President, stood in his way in the enjoy-
ment of the right. Acting under the duress of this delusion, the accused
assaulted the President by attempting to shoot him with a pistol. He was,
in five minutes, acquitted by the jury on the ground of insanity.

The case of the United States v. Guiteau, 10 Fed. Rep. 161, s. c, 2 Law-
son's Cr. Def., 162, is still fresh in cotemporary recollection, and a men-
tion of it can scarcely be omitted in the discussion of the subject of insanity.
The accused was tried, sentenced, and executed for the assassination of
James A. Garfield, then President of the United States, which occurred in
July, 1881. The accused himself testified that he was impelled to commit
the act of killing by inspiration from the Almighty, in order, as he de-
clared, " to unite the two factions of the Republican party, and thereby
save the government from going into the hands of the ex-rebels and their
Northern allies." There was evidence of various symptoms of mental un-
soundness, and some evidence tending to prove such an alleged delusion,
but there was also evidence to the contrary, stongly supported by the most
distinguished experts, and looking to the conclusion, that the accused enter-
tained no such delusion, but that, being a very eccentric and immoral man,
he acted from moral obliquity, the morbid love of notoriety, and with the
expressed hope that the faction of the Republican party, in whose interest he
professed to act, would intervene to protect him. The case was tried before
the United States District Court, for the District of Columbia, before Mr.
Justice Cox, whose charge to the jury is replete with interest and learning.

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 165

While he adopted the right and wrong test of insanity, he yet recognized
the principle, that, if the accused in fact entertained an insane delusion,
which was the product of the disease of insanity, and not of a malicious
heart and vicious nature, and acted solely under the influence of such de-
lusion, he could not be charged with entertaining a criminal intent. An
insane delusion was defined to be " an unreasoning and incorrigible belief
in the existence of facts, which are either impossible absolutely, or impossi-
ble under the circumstances of the individual," and no doubt the case was
largely determined, by the application of this definition by the jury. It
must ever be a mere matter of speculation, what influence may have been
exerted upon them by the high personal and political significance of the
deceased, as the Chief Magistrate of the Government, or other peculiar sur-
roundings of a partisan nature. The case in its facts is so peculiar, as
scarcely to serve the purpose of a useful precedent in the future.

We note other adjudged cases, in this country, which support the modern
rule for which we here contend, including one decided in England as far
back as 1840, often referred to by the text writers. In Bex v. Oxford, 2 C.
& P., 225, Lord Denman clearly had in mind this principle, when, after
observing that one may commit a crime and not be responsible, he used this
significant language: *' If some controlling disease was in XYMih. the acting
power within him, which he could not resist, then he will not be responsible."
The accused in that case acted under the duress of a delusion of an insane
character.

In State v, Felter, 35 Iowa, 68, the capacity to distinguish between right
and wrong was held not to be a safe test of criminal responsibility in all
cases, and it was accordingly decided, that, if a person commit a homicide,
knowing it to be wrong, but do so under the influence of an uncontrollable
and irresistible impulse, arising not from natural passion, but from an insane
condition of the mind, he is not criminally responsible. "If," said Chief
Justice Dillon, "by the observation and concurrent testimony or medical
men who make the study of insanity a specialty, it shall be definitely estab-
lished to be true, that there is an unsound condition of the mind, that is, a
diseased condition of the mind, in which, though a person abstractly knows
that a given act is wrong, he is yet, by an insane impulse, that is, an impulse
proceeding from a diseased intellect, irresistibly driven to commit it — the »^

law must modify its ancient doctrines and recognize the truth, and give 0

to this condition, when it is satisfactorily shown to exist, its exculpatory *

effect."

In Hopps V. People, 31 111. 385, which was an indictment for murder, the
same rule was recognized in different words. It was there held, that if, at
the time of the killing, the defendant was not of sound mind, but affected
with insanity, and such disease was the efficient cause of the act, operating to
create an uncontrollable impulse, so as to deprive the accused of the power
of volition in the matter, and he would not have done the act but for the
existence of such condition of mind, he ought to be acquitted.

In Bradly v. State, 31 Ind. 492, a like modification of the old rule was
announced, the court observing : " Men under the influence of disease, may
know the right, and yet be powerless to resist the wrong. The well known
exhibition of cunning, by persons admitted to be insane, in the perpetration.

16() RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

of au illegal act, would seem to indicate comprehension of its evil nature
and legal consequences, and yet the power of self-control being lost from
disease, there can be no legal responsibility."

In Harris v. State, 18 Tex. Ct. App. ~87, s. c. 5 Amer. Cr. Rep. (Gibbons),
357, this rule was applied to the disease known as kleptomania, which was
defined as a species of insanity, producing an uncontrollable propensity to
steal, and it was held, if clearly established by the evidence, to constitute a
complete defense in a trial for theft.

The State v. Pike, 49 N. H. 399, was an indictment for murder, to which
the plea of insanity was set up as a defense. It was held to be a question
of fact for the jury to determine ; (1), whether there was such a mental dis-
ease as dipsomania, which is an irresistible craving for alcoholic liquors,
and (2), whether the act of killing was the product of such disease. One of
the most instructive discussions on the law of insanity, which can be found
in legal literature, is the learned opinion of Mr. Justice Doe in that case. —
Lawson on Insanity, p. 311-312 ; 2 Lawson's Cr. Def. 311 et seq.

This ruling was followed by the same court in State v. Jones, 50 N. H.
369, s. c, 9 Amer. Rep. 242, which was an indictment charging the defend-
ant with murdering his wife. The evidence tended to show that the de-
fendant was insane, and killed her under the delusive belief, that she had
been guilty of adultery with one French. The rule in McJSfaghteii's case,
was entirely repudiated, both on the subject of the right and wrong test,
and that of delusions, and it was held that the defendant should be ac-
quitted, if he was at the time afflicted with a disease of the mind of such
character as to take away the capacity to entertain a criminal intent, and
that there could be no criminal intent imputed, if, as a matter of fact, the
evidence showed that the killing was the offspring or product of such
disease.

Numerous other cases could be cited bearing on this particular phase of
the law, and supporting the above views with more or less clearness or
statement. That some of these cases adopt the extreme view, and recognize
moral insanity as a defense to crime, and others adopt a measure of proof
for the establishment of insanity more liberal to the defendant than our own
rule, can neither lessen their weight as authority, nor destroy the force of
their logic. Many of them go further on each of these points than this
court has done, and are, therefore, stronger authorities than they would
otherwise be in support of our views. — Kriel v. Com. 5 Bush. (Ky.), 362 ;
Smith V. Com., 1 Duv. (Ky.), 224 ; Dejarnette v. Com., 75 Va., 867 ,* Coyle v.
Com., 100 Penn. St., 573 ; Cunningham v. State, 56 Miss., 269 ; Com. v.
Rogers, 7 Mete, 500 ; State v. Johnson, 40 Conn., 136 ; Anderson v. State, 43
Conn., 514, 525; Buswell on Ins , § 439 et seq.; Slate v. McWIiorter, 4Q Iowa,
88.

The law of Scotland is in accord with the English law on this subject, as
might well be expected. The criminal Code of Germany, however, con-
tains the following provision, which is said to have been the formulated re-
-sult of a very abltj discussion both by the physicians and lawyers of that
country. "There is no criminal act, when the actor at the time of the
offense is in a state of unconsciousness or morbid disturbance of the mind,
through which the free deieryninationof hisioill is excluded." — Encyc. Brit. (9th
ed.), Vol. 9, p. 112 ; citing Crim. Code of Germany (§ 51, R. G. B.).

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 16T

The Code of France provides : ** There can be no crime or offense if the
accused was in a state of madness at the time of the act." For some time
the French tribunals were inclined to interpret this law in such a manner
as to follow in substance the law of England. But that construction has
been abandoned, and the modern view of the medical profession, is now
adopted in that country.

It is no satisfactory objection to say that the rule above announced by us
is of difficult application. The rule in McNaghten's case, supra, is equally
obnoxious to a like criticism. The difficulty does not lie in the rule, but is
inherent in the subject of insanity itself ; the practical trouble is for the
courts to determine in what particular cases the party on trial is to be trans-
ferred, from the category of sane to that of insane criminals — where, in other
words, the border line of punishability is adjudged to be passed. But. as
has been said in reference to an every day fact of nature, no one can say
where twilight ends or begins, but there is ample distinction, nevertheless,
between dai/ and night. We think we can safely rely in this matter upon
the intelligence of our juries,- guided by the testimony of men, who have
practically made a study of the disease of insanity ; and enlightened by a
conscientious desire, on the one hand, to enforce the criminal !aws of the
land, and on the other, not to deal harshly with any unfortunate victim of
a diseased brain, acting without the light of reason, or the power of
volition.

Several rulings of the court, including especially the one given ex mero
motu, and the one numbered five, were in conflict with this view, and for
these errors the judgment must be reversed. The charges requested by de-
fendant were all objectionable on various grounds. Some of them were im-
perfect statements of the rules above announced ; some were argumentative,
and others were misleading, by reason of ignoring one or more of the essen-
tials of criminal irresponsibility as explained in the foregoing opinion.

It is almost needless to add that where one does not act under the duress
of a diseased brain, or insane delusion, but from motives of anger, revenge
or other passion, he can not claim to be shielded from punishment for crime,
on the ground of insanity. Insanity proper, is more or less a mental de-
rangement, coexisting often, it is true, with a disturbance of the emotions,
affections and other moral powers. A mere moral or emotional insanity,
so-called, unconnected with disease of the brain, or irresistible impulse re^
suiting from mere moral obliquity, or wicked propensities and habits, is
not recognized as a defense to crime in our courts. — 1 Whar, Cr. Law (9th
ed.), § 46 ; Bosioell v. State, 63 Ala. 307, 35 Amer. Rep. 20 ; Fordy. State, 71
Ala., 385.

The charges refused by the court raise the question as to how far one
acting under the influence of an insane delusion, is to be exempted from
criminal accountability. The evidence tended to show, that one of the de-
fendants, Mrs. Nancy J. Parsons, acted under the influence of an insane
delusion, that the deceased, whom she assisted in killing, possessed super-
natural power, to afflict her with disease and take her life by some " super-
natural trick ;" that by means of such power the deceased had caused de-
fendant to be in bad health for a long time, and that she acted under the
belief, that she was in great danger of the loss of her life, from the conducl
of deceased, operating by means of such supernatural power.

168 RECEKT JUDICIAL DEPARTURE IN INSANITY CASES.

The rule in McNaghten's case, as decided by the English judges, and sup-
posed to have been adopted by this court, is that the defense of insane de-
lusion, can be allowed to prevail in a criminal case, only when the imaginary
state of facts would, if real, justify or excuse the act ; or, in the language
of the English judges themselves, the defendant "must be considered in
the same situation as to responsibility, as if the facts, with respect to which
the delusion exists, were real." — BoswelVs case, 63 Ala. 307. It is apparent
from what we have said, that this rule cannot be correct as applied to all
cases of this nature, even limiting it as done by the English judges, to cases
where one ** labors under partial delusion, and is not in other respects in-
sane."— McNaghten's case, 10 CI. & P. 200 ; s. c, 2 Lawson's Cr. Def. IftO.
It holds a partially insane person as responsible as if he were entirely sane,
and it ignores the possibility of crime being committed, under the duress of
an insane delusion operating upon a human mind, the integrity of which is
destroyed or impaired by disease, except perhaps, in cases where the imag-
inary state of facts, if real, would excuse or justify the act done under their
influence. — Field's Med. Leg, Guide, 101-104 ; Guy & F. on Forensic Med.
220. If the rule declared by the English judges be correct, it necessarily
follows, that the only possible instance of excusable homicide, in cases of
delusional insanity would be, where the delusion, if real, would have been
such, as to create, in the mind of a reasonable man, a just apprehension of
imminent peril to life or limb. The personal fear or timid cowardice of the
insane man, although created by disease acting through a prostrated
nervous organization, would not excuse undue precipitation of action
on his part. Nothing would justify assailing his supposed adversary, ex-
cept an overt act, or demonstration on the part of the latter, such as, if the
imaginary facts were real, would under like circumstances, have justified
a man perfectly sane in shooting or killing. If he dare fail to reason, on
the supposed facts embodied in the delusion, as perfectly as a sane man
could do on a like state of realities, he receives no mercy at the hands of the
law. It exacts of him the last pound of flesh. It would follow also, under
this rule, that the partially insane man, afflicted with delusions, would no
more be excusable than a sane man would be, if, perchance, it was by his
fault the difficulty was provoked, whether by word or deed ; or, if, in fine,
he may have been so negligent, as not to have declined combat when he
could do so safely, without increasing his peril of life or limb. If this has
been the law heretofore, it is time it should be so no longer. It is not only
opposed to the known facts of modern medical science, but is a hard and
unjust rule to be applied, to the unfortunate and providential victims of
disease. It seem to be little less than inhumane, and its strict enforcement
would probably transfer a large percentage of the inmates of our Insane
Hospital, from that institution to hard labor in the mines, or the penitentiary.
Its fallacy consists in the assumption, that no other phase or delusion, pro-
ceeding from a diseased brain, can so destroy the volition of an insane per-
son as to render him powerless to do, what he knows to be right, or to avoid
doing what he may know to be wrong. This inquiry, as we have said, and
here repeat, is a question of fact for the determination of the jury in each
particular case. It is not a matter of law to be decided by the courts. "We
think it sufficient if the insane delusion — by which we mean the delusion

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 169

proceeding from a diseased brain affecting the mind — sincerely exists at the
time of committing the alleged crime, and the defendant believing it to be
real, is so influenced by it, as either to render him incapable of perceiving
the true nature and quality of the act done, by reason of the depravation of the
reasoning faculty, or so subverts his will, as to destroy his free agency by
rendering him powerless to resist by reason of the duress of the disease. In
such a case, in other words, there must exist either one or two conditions :
(1), Such mental defect as to render the defendant unable to distinguish
between right and wrong in relation to the particular act ; or 2). the over-
mastering of defendant's will in consequence of the insane delusion under
the influence of which he acts, produced by disease of the mind or bram. —
Hex V. Hadfield, 37 How. St. Tr. 1282, s. c, 2. Lawson's Cr. Def. 201;
Roberts v. State, 3 Ga. 310 ; Com. v. Rogers, 7 Mete. 500 ; State rt Windsor,
5 Harr. 512; Bus well on Insanity §§ 434 and 440 ; Amer. Law Review,
Vol. 4 (1869-70) pp. 236-252.

In conclusion of this branch of the subject, that we may not be mis-
understood, we think it follows very clearly from what we have said, that
the inquiries to be submitted to the jury then, in every criminal trial where
the defence of insanity is interposed, are these :

1. "Was the defendant at the time of the commission of the alleged crime,
as matter of fact, afflicted with a disease of the brain affecting the mind, so as
to be either idiotic, or otherwise insane ?

2. If such be the case, did he know right from wrong as applied to the
particular act in question ? If he did not have such knowledge, he is not
legally responsible.

3. If he did have such knowledge, he may nevertheless not be legally
responsible if the two following conditions concur :

(1.) If , by reason of the duress of such mental disease, he had so far
lost the power to choose between the right and the wrong, and to avoid doing
the act in question, as that his free agency was at the time destroyed.

(2.) And if, at the same time, the alleged crime was so connected with such
mental disease, in the relation of cause and effect, as to have been the pro-
duct of it solely.

The rule announced in BoswelVs case, 63 Ala. 308 supra, as stated in the
fourth head note, is in conflict with the forgoing conclusions, and to that
extent is declared incorrect, and is not supported by the opinion in that
case otherwise than by dictum.

We adhere, however, to the rule declared by this court, in BoswelV case,
supra, and followed in Ford's case, 71 Ala. 385, holding, that when insanity
is set up as a defence in a criminal case, it must be established to the satis-
faction of the jury, by a preponderance of the evidence ; and a reasonable
doubt of the defendant's sanity, raised by all the evidence, does not author-
ize an acquittal.

There was no error in overruling the objection taken by the defendants
to the copy of the venire, or list of jurors, served on them. The act ap-
proved February 17, 1885, (Acts 1884-85, pp. 181. 185, Sec. 10), regulating
the organization of juries, applies to this case, and provides that " the
names of the jurors so drawn," in accordance with section 10 of the act,
together with the panel, of thirty-six jurors provided for by section 9,

170 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

"shall constitute the venire," from which the jurors to try capital cases-
shall be selected.— Acts 1884-85, pp. 185-186. The rule on this subject de-
clared in Posey's case, 73 Ala, 490, and Shelton's case, Id. 5, has no applica-
tion under this act. These cases construe section 4872 of the Code, which
contains different language from the law here construed.

Under the rule announced in Ford v. State, 71 Ala., 385, 397, and authori-
ties there cited, there was no error in excluding the proposed statement of
Mrs. Nail. This testimony was defective, in not being preceded more fully
by the facts and circumstances, upon which the opinion of the witness as to
the sanity of the accused was predicated, the witness not being an expert. —
Rogers on Expert Test., § 61.

The other rulings of the court need not be considered by us.

The judgment is reversed and the cause remanded In the meanwhile >
the prisoners will be held in custody until discharged by due process of law.

Stone, C. J., dissents, in part, and expresses his own views in a separate
opinion.

Through the courtesy of Judge Montgomery, one of the
judges of the Supreme Court, of the District of Columbia
and also member of the Medico-Legal Society, I am en-
abled to furnish a brief resume of the case of John Daley,
recently tried there, with a copy of that judge's charge
to the jury.

PEOPLE vs. DALEY— SUPREME COURT, WASHINGTON, D. C,
RESUME OF THE CASE.

Montgomery, Judge

About ^YQ o'clock in the afternoon of the 13th of July
1887, Joseph C. Gr. Kennedy, an old and respected citi-
zen of Washington, left his real-estate office, nearN. W.
corner of Fifteenth street and New York Avenue, N. W.,
went diagonally across Fifteenth street to the N. E. cor-
ner of these two streets, and there deposited in a P. 0.
Box, some mail. He immediately turned around and
started to retrace his steps.

At this instant a man slapped him on the back with
his hand. Kennedy turned around almost involuntary,
and that instant, as he faced this man, he was stabbed
with a long-bladed shoe knife, which almost literally dis-
emboweled him.

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 171

He sunk to the pavement crying for help, and in three
minutes he was dead. The crowd collected rapidly, and
as they began to gather the man walked coolly away.

Some one in the crowd walked up, took hold of him,
and demanded to know, why he struck the blow. He re-
plied, in substance, that they would see in due time.

Of course, he was arrested and indicted. He proved
to be one, John Daley, who, with his father before him,
was an old citizen of Washington.

The father had been dead for several years, and the
son (the defendant), had been to some extent a wanderer,
and a vagabond.

He had spent one or more seasons in the almshouse,,
and had only been discharged therefrom the day next
preceding the homicide.

When arraigned, he had no counsel, and no means
with which to employ legal assistance. The Court as-
sigaed for his defense, Thos. N. Miller and Howard Clay-
gett, Esq.

On the 3d day of January, 1888, the case was called
for trial.

After considerable trouble, a jury was secured, and
the following day the trial began. A. S. Worthington,
Esq., District Attorney, assisted by A. A. Lipscomb, Esq.,.
one of his assistants, conducted the prosecution.

The case was conducted with much skill and ability on
both sides.

The defense relied entirely, on the alleged mental in-
competency of the defendant.

On the trial it appeared that, many years before, he
had voluntarily gone to live, at some Catholic Institution
at or near Philadelphia.

That he took with him all his savings, amounting to
a few hundred dollars.

172 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

That he remained there, serving in some humble ca-
pacity for several years, when he voluntarily left, and
that ever since he had, on occasions, and whenever he
had an auditor, told that the * ^ brotherhood " had poi-
soned and tried to rob him, and that he suffered con-
stantly from the effects of this poison. This was agreed
on all hands, to be an hallucination and nothing else.

It also appeared, that the father of the defendant,
years ago, had had dealings with Mr. Kennedy, and
that since his death the son made claim, that the father
had been cheated, or that something was due him at his
death, which Mr. Kennedy failed or refused to pay to the
defendant. It was further shown that, some months
before the killing, the defendant met on the streets old
Mr. Elliott, and assaulted him. When arrested and in-
terrogated, his excuse was that he, Elliott, looked like
one of the '^ Catholic brotherhood."

Doctors Godding a ad Chapin, who had examined de-
fendant, at the request of the public prosecutors, testi-
fied that he was undoubtedly laboring under hallucina
tions, and explained fully the effects of such hallucina-
tions.

The trial was finished and given to the jury, on the
12th day of January.

The following is the charge of the trial judge to the
jury:

United States Supreme Court, District of Colu^ibia.
PEOPLE vs. DALEY, MONTGOMERY. J.

Gentlemen of the Jury:

The defendant, John Daley, stands charged with the murder of
Joseph C. G. Kennedy. The indictment alleges that the crime was
committed on the 13th day of July, 1887.

The law, in its wisdom and humanity, provides for and demands in
behalf of every man who may be charged with a violation of its
criminal provisions, a fair and impartial trial, by a jury of his coun-

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. lY3

trymen,and this species of trial is declared to have " everbeeu looked
upon as the glory of the English law," and " ever esteemed in all
countries a privilege of the highest and 'most beneficial Nature.'"
It is in obedience to this demand of the law, that you have been
called here from your respective avocations, impanelled and sworn
" well and truly to try " this most important case.

At the outset I feel impelled to especially enjoin upon you, the
imperative duty which you owe to the government and to the defend-
ant respectively, of giving this case, all its circumstances, and all
the testimony, a careful, thorough, and exhaustive examination.
When you get the case and retire to your room for consultation, all
the testimony which has been given on the trial should be carefully
and conscientiously examined, scrutinized, and weighed before you
shall attempt to reach a final conclusion.

I think it well also to remind you here and now, of a fact which should
constantly be borne in mind by you during your deliberations and it
is this : the law imposes in cases of this character duties equally
grave and equally responsible upon the Court and upon the jury,
respectively. These duties, however, are wholly different ones. It
is the province of the court to admit for the consideration of the jury
all proper, competent legal evidence which may be offered. It is also
the province and duty of the court to finally, as I am now attempting
to do, instruct the jury in relation to the law, which should govern
their deliberations and their determinations of the facts. With this,
the important duties of the Court, so far as the trial is concerned,
ceases, and the pre-eminently important duty of the jury begins.

The Court has no right, and has no desire to trespass upon the
domain which belongs exclusively to you. The jury are the sole,
only, and responsible judges of the facts, and upon these facts the
■Court must not have, and has not, any opinion to express or intimate.

The jury should receive and regard the instructions which the
Court gives them concerning the law, but when they come to a con-
sideration of the facts, and when they come to determine the truth
in the light of these instructions, and of the evidence which has been
given in open Court their prerogative is absolute.

You will see, therefore, gentlemen of the jury, that upon you in
this case rests a very grave and very serious responsibility. I enjoin
upon you that it be fairly met, and that your duty be discharged, no
matter what result you may reach. After a careful, thorough, and
conscientious deliberation your verdict should be fearlessly and hon-
estly pronounced. You stand charged with a solemn responsibility
to the government and to the defendant, respectively. If within the
instructions, which I shall hereafter give you, you shall reach the
conclusion that the defendant is guilty of the crime laid to his charge,
you will meet your responsibility and pronounce your verdict without
hesitation. If, on the other hand, after an exhaustive examination
shall have been made, you shall be of the opinion that the charge

174 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

has not been established to your satisfaction, beyond the reasonable
and rational doubt, to which I shall hereafter advert, you will as fear-
lessly and promptly acquit the defendant. I remind you here that in
all criminal trials, the prosecution must prove the truth of the charge
alleged against the defendant.

At the outset, and when the trial begins, the law presumes the de-
fendant to be innocent, and the burden of overcoming this presump-
tion by proof rests upon the prosecution. The government, the
prosecution, must not only establish the case, which they present for
your consideration, by a preponderance of proof, but you should,
after looking over the entire case and all the testimony on both sides,
and after a careful examination of all of it, reach the conclusion
beyond a reasonable doubt, that the defendant is guilty, or he should
be acquitted.

I mean to say that in this case, if the jury should, after a careful
consideration of the testimony, and of all the facts and circumstances
involved in and surrounding it, still entertain a reasonable, rational ,
doubt, such a doubt as would deter the juror from embarking in an
important enterprise, whjch he may contemplate in his own behalf,
such doubt would entitle the defendant to acquittal.

The term "reasonable doubt", as applied to this class of cases, is
not very diflScult to understand. Every intelligent man will under-
stand at once what is meant, when told that a conclusion should not
be acted upon, unless he has reached that belief beyond a reasonable
doubt. It is said to be " a fair doubt " growing out of the testimony
in the case. It is not a mere imaginary capricious, or a possible
doubt, but a fair doubt based upon reason and common sense. It is
such a doubt as may leave your minds, after a careful examination of
all the evidence in the case, in that condition that you cannot say
that you have an abiding conviction to a moral certainty, of the truth
of the charge ", (proof to a moral certainty as distinguished from^
absolute certainty.)

And now, gentlemen, having said thus much in advance of the time
and order in which such instructions are perhaps usually given, I pro-
ceed to present for your consideration what I have to say about this
case. You have already been reminded that the defendant stands
charged with the murder of Joseph C. G. Kennedy. On the part of
the prosecution it is claimed that the defendant, during a consider-
able portion of the afternoon of the 13th day of July last, was lurk-
ing about or in the vicinity of the place where 15th Street, Northwest,
intersects New York Avenue in ihis city ; that he was, in fact, lying
in wait for the deceased with the intent to take his life, when he
should encounter him and get the opportunity. It is further claimed
by the prosecution that Mr. Kennedy left his office, which is said to-
be situated on the west side of 15th Street, and near the corner of
New York Avenue, and proceeded to the northeast corner of these
two streets, where he deposited in a letter box. at that point some

RECENT JUDICIAL DEPAKTURE IN INSANITY CASES. 175

mail ; and as he turned to retrace liin steps or cross the street the
defendant approached, followed behind, nnd overtook him; that he
touched him on the shoulder, or on the back with his hand ; that at
the touch, Mr. Kennedy turned around, when defendant instantly
struck him a blow, or stabbed him, with the knife which has been
exhibited here, inflicting a serious and mortal wound, from which he
expired on the spot where he was struck, and in a very few minutes
thereafter. This is substantially the claim on the part of the prose-
cution. I do not understand that the fact of the homicide, the fact
that Mr. Kennedy met his death at the hands of the defendant at the
time and place, as claimed by the prosecution, is denied or disputed
on the part of the defense. It is claimed, however, that the defend-
ant was not waiting or watching for Mr. Kennedy, but that he was
lying in wait for Dr. Elliott, if for anybody, with whom he had had a
previous encounter. It is also urged on the part of the defense that
the defendant was at that time in such a mental condition as to be
legally irresponsible, criminally, for his acts. Or, in other words,
that he was then, and that, indeed, he still is, an insane man. And
here I advise you, as I have been requested by counsel for the
defendant, that the question of insanity when interposed in a crim-
inal case as a defense is entitled to be considered, and should be de-
termined, with the same conscientious care and entire impartiality as
any other legitimate defense.

I do not regard it necessary to 'attempt to explain to the jury
the various instances in which the fact of mental irresponsibility
in one or the other of its various conditions may or should excuse a
person charged with crime from the consequences of a criminal ^act.
Indeed, I have little doubt that such an attempt would serve rather
to confuse than enlighten the jury in this case. I shall therefore
confine myself to an attempt to explain to the jury so much of the
law relating to this question of mental irresponsibility, in its relation
to defenses in cases of charges of murder, as may be applicable to
this case and no more.

You will remember, gentleman, that the defendant stands charged
with the crime of murder. This crime is defined to be " the unlawful
killing of a reasonable creature in being (a human being) by a person
of sound mind and discretion, with malice aforethought." If, there-
fore, in this case, the homicide, the fact of the killing, has been
established to your satisfaction ; that the deceased was killed by the
defendant, that he stabbed him purposely and deliberately with the
knife, as claimed, and with the intent to take his life ; and that the
blow, the stab inflicted upon the deceased, did result in his death,
ihen prima facie ^ (presumptively) the case, the charge of murder is
made out, and you should turn your attention to the defense.

It may be improper for me to again say here that I do not under-
stand that any of these facts, to which your attention has just been
invited, are controverted or disputed. At the threshold of this ques-

176 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

tion, I advise you thsit prima facie, in the absence of any proof to the
contrary, the law presumes every person of sound mind. So pre-
suming, as a matter of course, where an act of this kind, committed
in this manner, is established, the case of the government is prima
facie made out, and it rests with the defense, if insanity or mental
irresponsibility be asserted, to offer proof upon this subject. That is
to say, had this case stopped, had the proof closed when the
government rested its case with no fact proven, except the time,
place, and manner of the killing, then the defendant in the ab-
sence of any proof on the subject must have been presumed sane (of
sound mind), and must have been held responsible for what he did.
This being the law, it hardly needs be said that it follows logically
and naturally that where the defense rests, in whole or in part, upon
the alleged fact, that the defendant is not mentally responsible^
then the onus, the burden rests on the defense, of first offering
proof on this subject (of mental capacity) and to show that the
defendant was mentally irresponsible, or at least that there is a
grave, serious, reasonable doubt upon the subject. When they, the
defense have done this, when they have fairly shown prima facie that
the defendant's mental condition was such as to render him criminally
irrresponsible,then the onus, the burden shifts upon the prosecution,,
and it is then for it, the prosecution to show that the mental irrespon-
sibility, the mental affliction did not exist, or that if it did, it was not
of such character or degree as would render him, the defendant, irre-
sponsible criminally.

In pursuance of this practice, the prosecution made and [rested its
prima facie case.

The defense then offered their evidence, and amongst it theirjproof
on the subject of mental capacity.

Thereupon the prosecution properly attempted to show in rebuttal,
what were the actual facts as regards this most important question
from their standpoint.

The case has been exceptionally well prepared, and it has been
presented on both sides^with unusual clearness and ability. From the
beginning, you gentlemenjhave given careful and patient attention to
the testimony, and the important questions of fact to which the evi-
dence has been addressed is now for your solution, aided so far as
may be possible, by the instructions which the court is able to give
you concerning the law applicable to them.

At this point I advise you, that the actual mental condition of the
defendant at the time of the homicide is, so far as it is involved in this
case, a. fact to be submitted to and ascertained by the jury from the
evidence in the case. " The state and condition of mind of the de-
fendant is proved, like other facts, to the jury."

I do not understand that it is claimed by the defense that the de-
fendant is, or ever was, in a condition of" frenzy or raving madness.'^
It is claimed, however, I believe, and the defense insist.

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 17T

1st. — That the defendant was on the day of the homicide afflicted
with a "general deprivation of understanding " or in that condition
of mind in which the mental powers were wholly perverted or obliter-
ated. That he was " incapable of rational action."

2d. — Or if not so wholly irresponsible that at least " the legal and
true character of the disease, the insanity of mind" with which the de-
fendant was at the time of the homicide afflicted, was " delusion," or
as the physicians express it, " illusion " or " hallucination." And it
IS urged that because, or growing out of, the mental condition of the
defendant, as indicated or evidenced by such delusions, he could not and
did not " understand the moral character, the general nature, the conse-
quences and effect of the act (the homicide) with which he is charged,
nor exercise his reasoning faculties with respect to it." Or,

3d. — That even if not in exactly either condition of mind, which I
have just described, as the first and second claims respectively of the
defense, he nevertheless was, because of his mental condition, be-
cause of delusions, or because of his mental condition, as evidenced
or indicated by the delusions, he was impelled to do what he did " by
an insane impulse, which, by reason of his diseased or disordered
mind, he was unable to resist or control."

The defense claim that the evidence in the case establishes, that the
defendant did, at the time of the homicide, entertain, and had for
several years theretofore entertained, one or more insane delusions.
Among them that he had been poisoned at the time and in the manner
which you have heard detailed, and again that he had for several
years harbored a delusion respecting some dealings had some years
ago, between Mr. Kennedy and his father, and about which, after the
death of the father, the defendant had some interviews or dealings or
both with the deceased.

It is also urged that these delusions (as they are alleged to have
been) were interwoven or connected together, or that at least the
defendani, in his disordered mental condition, associated the Catholic
brotherhood, whom he believed had wronged and were pursuing him,
with Mr. Kenned}'^ the deceased, and with the former dealings.

Please remember gentlemen that I have not been arraying before
you my understanding of the facts, but I have simply stated as well
as I can, my understanding of the position of the defense and of their
theory of the leading facts in the case.

On the part of the prosecution it is denied :

1st. — That the defendant is or ever was wholly insane, wholly
irresponsible, or,

21. — That the delusions, if any, which he harbored had any connec-
tion with the homicide, and

3d. — It is claimed by the prosecution that the defendant was men-
tally responsible for crime. That he well understood what he was
doing, its nature and character, and that it was wrong and criminal,
and they urge that it was the cool, deliberate work of a man in pos-

178 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

session of abundant mental capacity to render him responsible for
his criminal acts, and that, in fact, the homicide was a deliberate,
wanton murder, the outcome of a settled design to revenge himself
for a real or fancied injury which he had, or supposed he had, pre-
viously suffered at the hands of the deceased.

It is also said by the prosecution, that the defendant was not labor-
ing under an insane delusion as respects his dealings with Mr. Ken-
nedy, but that the facts as they existed, and as the defendant under-
stood them, might naturally induce the belief on his part, that he had
really been wronged.

The prosecution do not assert, that he really was wronged by the
deceased, but they do say, that he was warranted upon a superficial
view of the facts, as he understood them, in believing that the wrong
had been done him by Mr. Kennedy.

Now, gentlemen, as to these positions I advise you —

1st. — If the defendant was at the time of the homicide wholly in-
<japacitated mentally, a "madman," without intelligent or rational
understanding, or in a condition of frenzy or raving madness I hardly
need say he is not responsible for his act. Again, I instruct you
generally that a defendant charged with murder is " not to be held
responsible when, at the time of the commission of the homicide,
he was incapable of determining whether the act was right or
wrong."

In considering this case, and the defenses which have been pre-
sented, the jury should consider the following questions :

1. Was the defendant at the time, the time of the act, as matter
•of fact, afflicted with disease of the mind, was he wholly or partially
insane.

2. If he was so afflicted^ did he know right from wrong, as applied
to the homicide in question.

If he did have such knowledge, had he, by reason of the duress of
such mental disease, so far lost the power to choose between the right
and the wrong, and to avoid doing the act in question, as that his free
agency was, at the time, destroyed, and if so, was the homicide so
connected with such mental disease, in the relation of cause and effect,
as to have been the product of it (the mental disease) solely. If you
are satisfied from the evidence that the defendant was mentally
afflicted, so that he did not know right from wrong, as applied to the
act, or if he did know, but by reason of the duress, the stress of his
mental disease (if he had any), he had no power to choose, no power
to avoid doing what he did, and it the homicide was the product of his
mental condition solely, or, if by reason of the insane delusions which
the defendant had been harboring (if any), he had reached that con-
dition of mind where the morbid impulse to kill became irresistible,
and existed in such violence as to subjugate his intellect, control his
will and render it impossible for him to do otherwise than to yield and
do as he did^ then he is not to be held accountable.

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 179

"If some controlling (mental) disease was in truth the acting
•power within him, which he could not resist, then he will not be
responsible."

*' If a person commit a homicide under the influence of an unac-
countable and irresistable impulse, arising not from natural passion,
but from an insane condition of the mind, he is not criminally
responsible."

On the contrary, if you are satisfied from the evidence that the
defendant was not insane, either wholly or partially, that he had no
mental affliction, or if you are satisfied that even though he was to
some extent afflicted mentally; that he was, to a degree, mentally un-
sound he still had sufflcient capacity to understand, and did under-
stand, right from wrong, as applied to his act, and you are further
satisfied that there was no such duress, such stress of his mental dis-
ease as to render him powerless to choose, powerless to avoid doing
the act, that his free agency was not destroyed, that the homicide was
not the product of his mental infirmity (if he had any), then he should
be held responsible and convicted as indicted.

" It is almost needless to add, that where one does not act under
the duress of a diseased mind or insane delusion, but from motives of
anger, revenge or other passions (understanding the nature and
character of the act he is about to do, and that it is wrong), he cannot
claim to be shielded from punishment for crime, on the ground of
insanity."

And now, gentlemen,! can say very little more, to assist you in the
discharge of your duty, in this most important case.

It must not be forgotten that cases of this character, are of over-
whelming importance to the parties charged, as well as to the public
and to society. •

You will not fail to give to the consideration of this case your best
efforts and your most faithful and earnest devotion.

You will not neglect to carefully, scrupulously and faithfully review
and discuss with each other, all the evidence which has found lodgment
in your minds, and when, after you shall have done all these things,
you reach, as you doubtless will, a conclusion, to which you shall all
be able to agree, you will act upon it and return into court and pro-
nounce your verdict.

If upon the whole case, as it has been presented, you shall finally
entertain a reasonable, rational doubt as to the guilt of the defendant
of the crime laid to his charge, then he should be acquitted. If you
are satisfied beyond such doubt that he is guilty, then he should be
convicted.

Take the case, go to your room, reach your conclusion in the light
of the law; return into court and declare the result, and all good
•citizens will respect your determination whatever it may be."

The jury found a verdict of not guilty.

180 RECENT JUDICIAL DEPARTURE IN INSANITY CASES.

The prisoner was acquitted and sent to the Govern-
ment Hospital for the Insane at Washington, in charge
of our member, Dr. W. W. Godding, Medical Superin-
tendent.

At my request, he has furnished me with the following,
statement, of the present mental condition of Daly:

Government Hospital for the Insane,

Washington, D. C, May 23, 18S8.
Clark Bell, Esq.,

President Medico-Legal Society, New York:
My Dear Sir :
I herewith enclose brief statement of Daley's condition at present time.-
Yours very truly, W. W. Godding.

John Daley, a native of Ireland, age about 50, admitted to the Govern-
ment Hospital for the Insane January 14 1888, by order of the Secretary
cf the Interior, having been found not guilty of the murder of Joseph C . G.
Kennedy, Esq., of Washington, This by reason of insanity. He has re-^
mained without apparent change in his mental condition since his admission;
he is quiet and orderly, and makes no complaints, but manifests evidence of
delusional ideas, that are so far controlling ones, that he shows no disposition
to do any work, and when asked about himself, calls attention to sores on
the surface of his body, the result, as he says, of poison.

I regard the case as one of chronic mania characterized by delusions that
are fixed, and likely to remain so. Those who are curious in classification^
and ambitious to air their nomenclature might call it paranoia, but the con-
ditions are essentially those, of chronicinsanity of the type of mania.

His bodily health has improved somewhat, and he has gained flesh since
admission to St. Elizabeth.

W. W. Godding, M.D.

These two cases, the former a decision of the highest
Appellate Court in the State of Alabama, and the latter,
by one of the judges of the Supreme Court of the District
of Columbia, at the National Capitol, indicate the change
which is going on, this side the Atlantic in the judicial
mind. I trust it will in the near future, be universal in the
American States, and help to lead the way to such legis-
lation in the English Parliament, as that contained in
the law, proposed there in March, 18S4, the work of an.

RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 181

eminent English jurist, with the approval of the late
Chief Justice Cockburn, setting at rest in English speak-
ing countries a question, so full of interest to every citi-
zen, and so pregnant with the rights and destiny of the
insane.

BAPE BY BOYS.

A PRESUMPTION OF LAW CHANGED BY CLIMATIC CONDITIONS.

By Daniel L. Brinton, Esq., L.L. B.

Our ancestors brought with them to this country on
their settlement here the laws and customs of the moth-
er country in so far as those laws were adapted to their
needs and circumstances and had been introduced and
practiced in the Courts here. They brought with them
the Statute Law as enacted by Parliament, and they
also brought with them the Common Law, that great
T3ody of the law growing up from the customs and
practices of a people and running back to a time when
Parliaments were unknown and the laws were the out-
growth of the exigences of a people. They brought

with them the Civil and Criminal Law, with their fixed
rules, adjudicated principles and presumptions. It was
w^ell established that the presumptions were of two
kinds ; rebuttable and conclusive. Rebuttable were
those where evidence would be received to show a con-
trary state of facts, ^. e. ; a receipt raises the presump-
tion that a debt has been paid, while evidence may be
offered that it has in fact not been paid. It was a con-
clusive presumption of the Common Law that an infant
under the age of fourteen was physically incapable of
committing the crime of rape. No evidence could be
offered to show that in a particular case the physical
ability might be otherwise. The English law had ever
looked with tender solicitude on young boys, and from
remote times the only punishment for their crimes was

RAPE BY BOYS. 183^

that received from those who had paternal control over
them. By the Ancient Saxon law, the age of twelve
was established for the age of possible discretion, when
first the understanding might open. And from thence
until fourteen it was aetas pubertate proxima, in which
the infant might or might not be guilty o*f a crime, ac-
cording to his natural capacity or incapacity. This was
the dubious age of discretion : but under twelve it was
held that he could not be guilty in will, neither after
fourteen could be supposed innocent of any capital crime
which he in fact committed. But the law, as ifc now
stands and has stood since the time of Edward III, the
capacity of doing ill or contracting guilt is not so much
measured by years and days, as the strength of the de-
linquent's understanding and judgment. One lad of
eleven may have as much cunning as another of four-
teen. (4 Stephen's Comm. 114).

So that the law now is that under seven a boy cannot
commit a felony. Between the ages of seven and four-
teen the mental and physical development of the boy
and his understanding of the nature and consequences
of his acts are considered and he may be convicted of
the commission of a felony. Over the age of fourteen
he is judged as adults are. Though the change and
developement had grown up in the English law with
reference to all other felonies committed by infants, yet
probably because of the peculiar nature of rape as com-
pared with other felonies, involving physical growth as
well as evil intent, the law has not been changed. By
the English law a boy under the age of fourteen is con-
clusively presumed incapable of committing the crime
of rape. Though this is now a well settled principle of
the English law, there are no early cases decisive of the-
point. It seems to have become a fixed rule of the law^

184 RAPE BY BOYS.

SO that in Lord Hale's time, 1650, he could write without
giving any authority for his statement: ^'An infant
under the age of fourteen is presumed by law unable to
commit a rape, and therefore it seems cannot be guilty
of it, and though in other felonies malitia supplet aetatem
in some cases as has been shown, yet it seems as to this
fact the law presumes him impotent as well as wanting
discretion." (Hale's P. C, 630. I. Eussell '' On Crimes,"
905).

This dictum of Lord Hale's has been followed by the
English cases, and, though it was urged that no author-
ity is cited by the learned writer for his opinion ; yet
that dictum has been made the law of England by its
adoption in subsequent cases.

In Rex vs. Eldershaw, 3 C. & P. 396. (1828), it was
held that a boy under the age of fourteen cannot be con-
victed of an assault with intent to commit rape. From
his age, the law concludes that it is impossible for him
to complete the offense.

Rex vs. Groombridge, 7 C. & P., 582 (1836), the
prisoner accused of rape having been found to be under
fourteen was discharged.

Regina vs. Phillips, 8 C. & P., 736 (1839), Patterson J.
said : ^ ^ I think that the prisoner could not in point of law,
be guilty of the offense of assault with intent to commit
a rape if he was at that time under the age of fourteen.
And I think also, that if he was under that age, no evi-
dence is admissible to show that in point of fact he
could commit the offense of rape."

Reg vs. Jordan, 9 C. & P., 118 (1839), a boy under the
age of fourteen cannot by law, be convicted of felonious-
ly carnally knowing and abusing a girl under ten, even
though it be proved that he has arrived at the full age
of puberty. However, under I Victoria O. 85, S. ll, a

RAPE BY BOYS. 185

boy under fourteen indicted for rape, by reason of
non-age considered incapable of committing rape, was
convicted of an assault. (Regina vs. Brimlow, 2 Moody
•C. C, 122). From these cases it will be seen how firmly
the principle is established in England, following the
authority of Lord Hale. But in none of them is any
reason given why from physical causes it should be as it
has been held to be. In the very first case, however,
that arose in America there is found a reluctance to fol-
low the rule. In Com. vs. Green, 2 Pick, 380 (1823).
Indictment and conviction of infants under fourteen of
-an assault with intent to commit rape. The Court,
J. Parker, dissenting : ^^ The verdict must stand and
judgment be entered upon it. The law which regards
infants under fourteen incapable of committing rape
was established in favorem vitae and ought not to be ap-
plied by analogy to an inferior offense, the commission
of which is not punished with death. A minor under
fourteen or just under, is capable of that kind of force
which constitutes an essential ingredient in the crime of
rape, and he may make an assault with intent to commit
that crime although by an artificial rule he is not punish-
able for the crime itself. Females might be in as much
danger from precocious boys as from men if such boys
are to escape with impunity from felonious assaults as
well as from the felony itself." In this case there was
evidence of the ability of the boy to commit the crime.
It will be seen that in this case an assault with intent to
commit rape was held to admit of punishment, while it
was admitted the crime might itself go unpunished. In
the English cases, however, it was seen that not only
the crime but the assault with intent to commit the
crime comes within the rule of Lord Hale. Rex vs, El-
dershaw, supra.

186 RAPE BY BOYS.

The first decided departure from the English rule was
in WiUiams vs. State, 14 Ohio, 222 (1846), where the
court said: ^'The law presumes that an infant under
the age of fourteen is incapable of committing the
crime of rape, but this presumption may be rebutted by
proof that such person has arrived at the age of puber-
ty." After stating the English doctrine the Court con-
tinues : '^We admit that we have much hesitation in
departing from long established principles of law, w^hich
have had the sanction of the wisest judges and test of
years. But in a vast majority of cases infants under
the age of fourteen are incapable of emitting seed, then
it is reasonable presumption that any named infant
under that age is incapable of committing the crime.
Now, in the moist and cold climate of England and in
most of the countries of northern Europe, it is so seldom
that an infant under fourteen is capable of emission,
that it is assumed as a fact that prior to that age he is
never capable, and hence, under that age no one can be
convicted of rape. This rule there, may have reason.
But in trophical climates where the male usually arrives
at puberty before the age of fourteen, the rule, instead
of being founded in reason, would contradict both reason
and fact. It is an admitted law of physiology, that cli-
mate, habit and condition of life, must have influence in
hastening or retarding the age of puberty. Different
races of men differ as to the age of puberty. In our
climate the age of puberty is frequently earlier than in
that of England or the more northern States of this
Union. We have among us nearly every variety of the
races of men.'' To adopt this rule where the climate,
condition and habit of a people are different would be
unreasonable. The presumption may be rebutted by
evidence that the infant has arrived at the age of puber-
ty and is capable of emission."

RAPE BY BOYS. 18T

And in a subsequent case it was held that the burden
of proof was on the State to show capacity. Hillabiddle
vs. State, 35 Ohio St., 52 (1878). Here for the first time
the influence of chmatic conditions is considered and
habihty is placed on the ground of physical ability to
commit the act. The presumption is no longer a con-
clusive one ; it has become a rebuttable presumption.
So in 2 Parker (N. Y.), C. C. 174 (1855), it was said that
the principles of the Common law are not inflexible and
are in force here only so far as they are applicable to our
conditions. While there may be reasons for the exis-
tence of the rule in England where boys rarely arrive at
the period of puberty under fourteen, the same circum-
stances render it inapplicable in this State where the
period of puberty is reached before that age. So also in
Waggoner t;5. State, 5 Lea(Tenn.), 352 (1880), it was held
that the presumption of incapacity of a boy under four-
teen years of age to commit rape is not conclusive, but
may be removed by proof. In State i?s. Jones, 3 So. Eep.
57- (Louisiana 1887), Crim. Law Mag. Vol. 10, p. 89, there is
a still further departure from the English rule. The judge
below was asked to charge the jury that it was a conclu-
sive presumption of law that an infant under fourteen
could not commit rape. He refused, and gave the in-
struction that there was no presumption whatever
founded on age, but that his physical capacity to commit
that crime was to be determined by the jury from the
evidence. The Supreme Court of Louisiana sustained
the ruling of the lower court and adopted the views of
Williams vs. State, supra, and Commonwealth vs.
G-reen, supra, and said : "It is admitted fchat the charge
asked embodied the rule adopted by the common laws of
England, but the American decisions above referred to,
held that the rule was based upon the physiological

188 RAPE BY BOYS.

fact that in the climate and among the population of
England and the northern countries of Europe puberty
was so rarely attained under the age of fourteen in
males as to justify the presumption that prior to that
age a boy is incapable, and hence cannot be convicted of
rape. But recognizing that the period of puberty is af-
fected by circumstances of race, climate, habits and condi-
tions of life, and discovering as a fact that in this country
puberty is frequently attained at an earher age than four-
teen, they refuse to apply the English rule, holding that
the rule being founded wholly upon the facts prevailing
in England, had no application to the different facts ex-
isting in this country. The reasoning applies with
much greater force to the climate and racial conditions
of Louisiana." And further the Court said that in reject-
ing the English rule there was no, foundation for any
presumption of incapacity whatever.

But these climatic considerations have not prevailed in

North Carolina and Florida where the English rule has

been maintained. State vs. Sam. I. Winston (N. C),

300. (1864), while admitting the influence of climate,

habit, conditions of life and race, in influencing an early

physical development and suggesting that it might be

advisable to move down the presumption to an earlier

age than fourteen, held that the English rule must be

f oUowed until the Legislature had enacted otherwise,

and a boy under fourteen could not be convicted of the

crime of rape or of an assault with intent to commit the

crime. To the same effect is State vs. Pugh, 7 Jones

(N.C.), 61, 1859. Williams vs. State, 20 Fla. 777 (1S84),

held that a boy under the age of fourteen is incapable of

committing the crime. In California, it is enacted that

*' an infant under the age of fourteen years shall not be

found guilty of any crime." Kev. Stat. 1850, C. 99. Sec. 4.

RAPE BY BOYS, 189

From the examination of the authorities it is seen that
in England, North CaroHna and Florida, and in Califor-
nia by Statute a boy under the age of fourteen cannot
be convicted of rape. In Ohio, Massachusetts (perhaps),
New York and Tennessee, the presumption in favor of
the boy may be overthrown by evidence showing physi-
cal capacity. In Louisiana there is no presumption
whatever.

The leading American writer on Criminal Law still in-
clines to the English rule. Bishop Criminal Law S. II.,
17. '^ We can hardly suppose the instancss of physical
capability exhibited at an earlier age than fourteen suf-
ficiently numerous to call for the absolution of a tech-
nical rule so well adapted as this to prevent those par-
ticular statements of indecent things which wear away
the nice sense of the refined, placed by the Maker in the
human mind as one of the protections of its virtue." A
nice sense of the refined, however, should not lead us to
overlook the laws of nature which in warm climates
conduce to early physical development, consequently
puberty rests a responsibility at an earlier age. Though
a respect for a law and its force depend upon its stability
and certainty, yet in a peculiar crime like rape it should
be flexible enough to adapt itself to the great variety of
soil, climate and races found in a country like ours em-
bracing so many degrees of latitude. The reasonable
rule for this country is that of Williams vs. State, 14
Ohio, 222, where the boy has the benefit of a presump-
tion of incapacity, but which may be rebutted by medical
evidence showing ability and capacity. By this rule a
due regard is had for the climatic and race influences of
the several states, and guilt or innocence becomes a
question of evidence. If law is the perfection of human
reason it must keep pace with the spread of civilization

190 RAPE BY BOYS.

and the discoveries and observations of science. A law
reasonable at the time and place of its inception may
elsewhere and at a later period be inadequate to the
changed conditions of society. The observations and in-
vestigations of scientists and travellers reveal to us the
wonderful influence of climate on not only the physical,
but the mental characteristics of a people. In warm
climates there is a lack of tonic excitation, a want of
energy, an enervation, a listlessness ; where, as Montes-
quieu says, '^laziness is happiness," and where great
enterprises find no encouragement.

This is an influence which cannot be resisted and over-
come by the most indomitable, for the Eoman lost his
vigor of action in the Orient, the German his energy on
the African coasts of the Mediterranean, and the En-
glishman becomes lazy and sensual in the East Indies.
Both in the animal and vegetable world there is an early
and luxurious growth and development, while decay
comes as rapidly. Boys reach the age of puberty at a
very early age and girls become mothers at ten and
twelve. There is a forced and early growth which fills
with wonder the traveller from colder climates. With
the facilities of communication now offered there is a
movement from place to place of people from various
climates and countries and habits of life. With the
warm climate of our southern states and the influx of
new people bringing with them their racial and cli-
matic conditions, a law which is to throw around their
people its protection is certainly not the one brought
from and fitted to another country where different con-
ditions and different climates prevail. The Courts have
acted wisely and in accordance with physiological facts
in holding that the presumption of incapacity in boys
under the age of fourteen might be overthrown by show-
ing that in a particular case there was capacity.

ABORTION, EVIDENCE BY AUTOPSY.''

By W. Thornton Parker, M. D.

^ ^ I hereby transmit a duly attested copy of the record
of autopsy on the body of a young woman found
lying dead at Newport, R I., Friday, Nov. 18, 1887,
and supposed to have come to death by violence. The
said autopsy was made upon being thereto authorized,
in writing, by the Mayor of Newport, at 6 o'clock in the
afternoon of Saturday, the 19th day of November, A. D.
1887, and in the presence of Drs. Rankin and Kenefick,
residing at Newport, and undertaker Shea, residing at
Newport, witnesses.

Section made twenty-four hours after death. Body
that of a well-nourished woman, presumably 28 years of
age. Rigor mortis partly developed. External examin-
ation discloses a very patulous, lacerated, discolored and
abnormal condition of the external genitala. Internal
examination — stomach and contents removed for further
examination and analysis, by Professor Thompson of the
Rogers High School, who, after a careful testing, reports
that the results were negative, and that in his opinion
no trace of poison could be found. Examination of the
abdominal cavity presented evidences of former severe
pelvic peritonitis and pelvic cellulitis. Liver, spleen and
other abdominal viscera normal. Thoracic cavity and
contents not examined. The womb presented an enlarged
appearance, the walls being thickened, congested and dis-
colored throughout. The superior portion, or fundus,
instead of being fiat, was convex in shape. Length (ver-

* Read before the Medico-Legal Society, May 9, 1888,

192 ABORTION, EVIDENCE OF AUTOPSY.

tical diameter, 2.28 inches ; weight about one and one-half
ounces. The os was decidedly oval in shape and the
edges punctured, and in the left portion appeared to be
torn or cut. The ovaries disclosed what appeared to be
a distinct corpus luteuni of about about the eight or
twelfth week of pregnacy. In the opinion of the medical
examiner, the uterus presented reasonable appearances of
having been impregnated at not a very remote date, and
it was decided that . the case was a proper one for the
Coroner's investigation.

And I further declare it to be my opinion that the said
person came to her death, very possibly, if not presuma-
bly, from peritonitis and septicaemia following artificial
abortion."

(Signed) W.Thornton Parker, M.D.

Medical Examiner.
General Eemarks.

The examination (post mortem) was probably made at
least four Weeks after abortion (instrumental) had been
performed, and on that account it was extremely diffi-
cult to find any proof of delivery of uterine contents
artificially. The appearance of the corpora lutea being
the most important sign.

When we consider the condition of , the external geni-
tala, the patulous and greatly discolored appearance of the
external genitala, vagina and uterus ; the increased size
and appearance of the uterus, and the torn and enlarged
external os-uteri, together with the presence of severe
pelvic . cellulitis and peritonitis, and the very distinct
'^ corpus luteum," presumably of the tenth or twelfth
week, we must feel quite certain that the organs referred
to are certainly not those of a young woman in the virgin
state, if indeed they could belong to what is generally
understood by the term ^^ nullipara,''^ The testimony of

ABORTION, EVIDENCE OF AUTOPSY. 193

the physicians in attendance points very suspiciously to
a case of death from instrumental abortion. Query —
Could excessive and continued masturbation, by the use
of candles and other means of excitement — if associated
with pelvic cellulitis and peritonitis, account for the ex-
traordinary condition presented by the organs of gener-
ation on this young woman ? Does not the injury to the
external osiuteri and the enlarged, thickened and greatly
discolored condition of the uterus, very forcibly suggest
criminal abortion, and would not a medical examiner
who should fail to present such a case to the coroner for
his investigation and dismiss it without further exami-
nation, would be guilty, in my opinion, of gross neglect
of duty.

Concerning the corpus luteum, Lusk (p. 38) says : ''If
the ovum is discharged without impregnation taking
place, the corpus luteum reaches the maximum size at
the end of three weeks, and then begins to decline
until at the end of two months, it is reduced to an insig-
nificant cicatrix" — hut when conception occurs the
changes in the corpus luteum take place more
slowly. The corpus luteum reaches a higher state of
development. Its increase in size continues for two
months. It remains stationary up to the end of the sixth
month, and at that term is at least one-half inch in
diameter. The corpus luteam of pregnancy is the
corpus luteum iilva.

It seems to me that in the face of such statements an
indictment should have been made by the coroner,
whereat, in point of fact, the matter was dismissed.

Dated at Newport, in the County of Newport, this 20th
day of April, A. D. 1888.

IS BELIEF IN SPIRITUALISM EVER EVIDENCE
OF INSANITY PER SE f *

By Matthew D. Field, M. D., of New York.

Much interest has been recently shown by the public in
this question. The developments that resulted in plac-
ing certain persons in the Tombs, and their indictment,
have led people to ask what is the mental condition of
one of their prominent believers who had given a large
amount of property to place the '^ Science " on a sure foun-
dation ? Is this gentlemen capable of filling a position of
trust, requiring skill and judgment ? Was his firm be-
lief in the reality of the manifestations that he saw, evi-
dence, in itself, of mental degeneration, of defective
judgment, sufficient to indicate insanity ?

A will contest is now going on, in an adjoining State,
where it is claimed that the testator was influenced by
spirits, and acted in accordance with information that
he believed, came from the unseen world.

Last year I was a witness in a case where the testa-
mentary capacity of a gentleman, who died leaving a
large fortune, was attacked before the Supreme Court in
this State. Besides other evidences of Insanity, it was
shown, during the course of the trial, that this gentle-
man had, for some years previous to the execution of his
will, baen in the habit of receiving communications from
the dead, and, from the living, whom he knew to be
many miles distant at the time ; that he conferred and
advised with these spirits upon matters of business ; and
also that his actions were governed, in certain instances,

* Read before the Medical-Legal Society, June 13, 1888.

OF INSANITY PER SE ? 195

by these spirit communications. It was also shown that
this gentleman's second wife was a spiritualist, and had
written quite extensively upon that subject. The law-
yers for the defense attempted to ignore all other evi-
dences of Insanity, except those of his conversing with
the spirits, and, of course, held that belief in Spirituahsm
was no proof of Insanity.

Examinations of Medical literature show very little
that has a direct bearing upon this question.

In this case I held that it was necessary to divide
the question, or, rather, to classify the believers in Spirit-
ualism.

Those who have an abstract belief in the communion
of spirits I did not consider at all ; for no abstract belief is
evidence of Insanity per se, no matter how absurd it
may be. And again, as most religions treat of a future
life, and of the participation of the soul, or of the spirit,
in the enjoyments or miseries of the hereafter, and that
spirits have communication, one with another, it is but
a step to believe that spirits may return to this earth. As
is related in the Bible, Elias and Moses appeared unto
Christ when he was accompanied by Peter and James
and John. It is only when the individual himself parti-
cipates, that Insanity may be suspected. In Insanity the
ego is always involved. People may believe that God
can talk to us. This may be, to some, the most reason-
able belief, or, to others, the most absurd. The belief
that He can or cannot speak to us here assembled, has
naught to do with Insanity ; but, if an individual states
to you, in sober earnest, that he hears God speaking to
him, and his actions show, beyond peradventure, that he
does believe this, then we question his sanity. For even
though we believe God may talk to us, and that he did
talk to Moses and many others, in the Bible times, yet

196 IS BELIEF IN SPIRITUALISM EVER EVIDENCE

this. introduction of the ego convinces us of mental ahen-
ation. We may beheve that the ass spoke to Baalam,
and assume that it is so because the Bible says so, and
accept the Bible as sufficient authority for our belief ;
and we may believe that God can make any beast speak;
but, at the present time if a person says, and evidently
believes, that a beast was talking to him, we think he is
insane, and we think this because the e^o participates.
Therefore, leaving the belief in Spiritualism in the ab-
stract out of the question, we come to the consideration
of the so-called spiritualists; and of these I make three
classes.

First. Those who make it a business to delude and
mystify ; ^.e., the so-called mediums.

Second. Those who attend seances, and are deluded
and mystified, being caused to see curious things, as
hands and faces of the dead, or faces produced on virgin
canvas, apparently by unseen agencies ; or hear rap-
pings and voices ; receive written communications in
the same inexplicable manner; things are told them
that they supposed nobody else knew but themselves.
By these things are they so astonished, and are so in-
capable of understanding how they could be accom-
plished, except by supernatural agency, that they believe.
But this class never receive these manifestations, nor
see the dead, except through the instrumentality of mem-
bers of the first class.

This class embraces a large number who are, undoubt-
edly of weak miud ; those who are superstitious and of
an unstable and neurotic organization, and those who re-
quire but a slight cause to render them insane ; yet, many
persons of fine intelligence and brilliant mind are found
in this class. There would not be sufficient, in this belief
alone, upon which to base an opinion of mental inca-
pacity.

OF INSANITY PER SE ? 197

In the third class I would place those who actually be-
lieve that they see the dead, and those at a distance, face
to face, in the material form ; and that they comniuni-
cate with them, hearing their voices distinctly and
clearly. All of this last class I believe to be insane. At
least, of the large number that have come under my ob-
servation, I never saw one who did not demonstrate his
insanity in other directions as well.

It may be a very difficult ]|]atter^ in some instances, to
distinguish between the first and- third classes, but I
think the rule would hold good in every case. The diffi-
culty would be to determine what individuals actually
believed and what ones only assumed and claimed to be-
lieve, for the purpose of deception, gain, or self-glorifi-
cation.

To distinguish between these two groups is very impor-
tant, for one set is deserving of pity and kind care, and the
other of reproach and punishment. This distinction once
made, it is an easy matter to determine the treatment
each class deserves.

In the middle class, or those who, after attending
seances, and, being mystified, believe, many will be found
who are insane, and those who are of an unstable and
neurotic organization. Yet I am sure no one will con-
sider that belief, under such circumstances, would be evi-
dence of Insanity per se. The communications, material-
izations and other manifestations, are always received
through the- instrumentality of members of our first
class. The perceptions, under such circumstances,
are real ; there is an actual external object pro-
duced, in some manner, by the so-called medium. The
belief in the supernatural production, and that the com-
munications received are actually from the dead, or
those at a distance, is a delusion, beyond doubt. Yet, this

198 IS BELIEF IN SPIRITUALISM EVER EVIDENCE

false belief cannot be justly considered an insane de-
lusion, However, such belief, taking strong possession
of an individaal of mature years, of acknowledged good
judgment, one whose intelligence and will had always
dominated his emotions, would arouse strong suspicion of
mental deterioration. Whenever we discover alteration
in an individual's mode of thought, actions and emotions,
we are sure of some mental change as well. Yet it may
be only the beginning, and proper care and treatment
may arrest insanity ; still, such alteration is always a
grave symptom.

This belief, held by persons who, we know, have al-
ways been emotional, superstitious and fanatical, would
be of slight significance, as it would be in harmony with
the usual mode of thought of such an one. We have al-
ready mentioned that among the middle class are found
many unstable and neurotic organizations ; these indi-
viduals are more easily upset, and become insane from
causes that would not affect those with strong and
healthy nervous systems. These people are always
drawn to everything mysterious, and all that appeals to
the emotional side of their nature. Many minds of this
class are unbalanced and destroyed by every public ex-
citement, where the feelings and emotions are thoroughly
aroused.

What could more strongly excite the emotions, at the
expense of the intellect and will, than a spiritualistic
seance, with its dim and ghastly light, the expectation
of supernatural communication, those present being
often startled and astonished by what is seen and heard ?
Much Insanity is unquestionably caused by this means,
and, I believe, great misery and distress results from
every outbreak that brings this subject prominently
before the public.

OF INSANITY PER SE ? 19^

I must, in justice, say that the delusions of many in-
sane take the direction of SpirituaHsm, where spiritual-
ism itself had really nothing to do with the production
of the Insanity. An insane person may believe that the
spirit of Abraham told him to sacrifice his child, and he
acts in accordance with this command. Another is told
by the spirit of his dead child, to reward people in this
world for kindness done him while living ; and he does
as requested. A third hears the voice of God proclaim-
ing him to be the second Christ.

The Insanity, in each of these cases, may have come
from the same cause ; and that cause may have been
masturbation. The false belief following, and being de-
pendant upon, false perceptions ; that is, an individual
of diseased brain has an hallucination ; by this I mean a
sensory hallucination, an involuntary perception, with-
out corresp<mding external object. If the false perception
be, as in the cases cited, one of hearing, the insane indi-
vidual does as a sane person would do, tries to explain
how this voice reaches him. He fails to do one thing
that a sane man would do, namely, correct the false per-
ception by the other senses and by his intelligence. But,
notwithstanding that he fails to correct the false per-
ception, he nevertheless tries to explain, and does explain
to his own satisfaction. He does not see the individual
who is speaking, and he looks to some mysterious agency.
One satisfies himself that it is the spirit of Abraham ;
the second, that it is the spirit of his dead child ; and the
third, that it is the voice of God. A fourth might be-
lieve the voice was that of a witch ; and a fifth, that it
was a telephone. Had there been no spirit, God, witch or
telephone known to the world, these people would all
have become insane, had hallucinations of hearing, but
would have explained them in some different way, and

200 IS BELIEF IN SPIRITUALISM EVER EVIDENCE

have built up some other delusion, in accordance with
the other explanation. It is quite probable that the
larger number of persons, whom I place in the third
group, and whom I would consider insane, may nev^r
have been believers in spiritualism, and never have at-
tended a seance in their lives. They first become vic-
tims of hallucinations of the senses, and these false
perceptions become fixed beliefs and the delusions were
founded upon these, the spiritualism being only the
means of explanation to their own minds. After they
have once turned their thoughts to the subject, they
dwell thereon, and their disordered brains build up new
and more elaborate delusions in that direction. Whatever
subject there may be most prominent in the community, -
at a given time, which has about it the greatest element
of mystery, will most likely shape the direction of insane
delusions, at that particular time. A few years ago, and
very often now, the telegraph, telephone and electricity,
played a large part in the delusions of the insane, and
spiritualism has been correspondingly less prominent,
and witchcraft insignificant. To illustrate how easily
delusions may be built up from sensory hallucinations, I
can state that I have seen at least a score of insane
people who believed that Mr, Jay Gould was persecuting
them. The steps in the foundation of this delusion, in
these cases, were as follows : First, the hallucination of
hearing ; second, explanation must come by telephone ;
third, Mr. Gould controls all the telegraphs and tele-
phones, and it must be he who is persecuting them.

The eminent editor of The Alienist and Neurologist, in
the latest number of that periodical, after quoting freely
from a recent sermon of the Eev. Dr. Talmadge, on
'' Spiritualism and Insanity," observes: '^The Superin-
tendents of American and foreign Asylums for the In-

OF INSANITY PER SE ? 201

sane, will bear out this theologian's statements that
•spiritualism makes many lunatics, and the counter
statement that lunacy makes spiritualists * ^ ^ ^
All alienists must concede, from observation, that spirit-
ualism has destroyed some of the brightest intel-
lects."

It hardly seems necessary to devote much time to the
consideration of my reasons for considering all of those
insane who would come under my third class. I restricted
this class to those who actually believe that they see the
dead and those at a distance, face to face, in the material
form ; and that they communicate with them, hearing
their voices distinctly and clearly. Here I would em-
phasize the actual belief in the reality, and the fact that
this class see and hear by themselves, when not aided by
any medium or second person. These individuals are
the victims of well-defined, sensory hallucinations ; and
that, as they actually believe in their reality, it is evident
that they do not correct their false perceptions by other
senses, or by their intelligence, but rather build up a dis-
tinct false belief.

I can imagine that my legal friends are running over
in their minds many questions that they would like to
ask on cross-examination of one expressing these views
upon the witness-stand ; as they have in their minds so
many examples of hallucinations occuring in illustrious
men of great intellect, as Martin Luther, when he threw
the ink-stand at the devil ; Goethe, when he saw his own
shadow walking before him ; Sam Johnson, when he
heard his mother's voice calling him *' Sam," when she
was miles away. These examples might be greatly mul-
tiplied, but we have only to reply to this, that while cer-
tain illustrious men have become insane with sensory
hallucinations, as among the most marked manifesta-

202 IS BELIEF IN SPIRITUALISM EVER EVIDENCE, ETC.

tions of their insanity, others being subject to hallucina-
tions have been able to correct these false perceptions, inr
the reality of which they never had a fixed or permanent
belief.

EDITORIAL.

Definitions of Insanity — Tests of Responsibility.

Baron Bramwell : -

" Whom ought the law to punish ? The answer is easy — all that it threat-
ens on conviction.

Bat thin coja33 fclie qa33fcion ; waom ojg'jt the law to threaten^ The
answer is also easy — all whom would be influenced by the threat, all whom
it would or might deter, or help to deter. The question, therefore in any
case should be not, whether the person accused of a crime is mad, but
whether he understood the law's threat. If he did not it would be wrong
to punish him, because it would be useless to threaten him.

If his case was one of dementia or idiocy, so that he did not know that
the thing he did was wrong, the law's threat would have been unintelligi-
ble to him, would be of no effect to deter him A.n example is that of a
case which I believe happened, viz : The case of an idiot cutting off the
head of a sleeping man to see what he would do when he awoke. To have
threatened the man who did this would have been idle ; to punish him
unjust and useless.

So if the accused was under a delusion that facts existed, which if they
did exist, would justify the act. it would be wrong to punish him. Sup-
pose that he was under a delusion that the man he killed was endeavoring
to kill him, and that his killing was in self-defense, it would be wrong to
punish him, because he would say, and say truly on his own behalf that he
had obeyed the law, that the law authorized what he had done.

It would be no answer to say it did not, that he had mistaken the facts,
any more than it would be to say so to a man who shot another in the
belief he was breaking into a house, when in fact he was one of the dwell-
ers in it, out late. In neither of these cases — I mean of dementia or delus-
ion— would there be &mens rea.

In the first case the law's threat would not be understood ; in the second
it would not be knowingly disregarded » * « * * *

The mad man who commits, a crime, knowing that what he does is
wrong, is a pitiable object, more than the sane man who commits one. Not
so hateful, though, if one takes such a case as that of the man who, having
some delusion or craze about windmills, was removed by his friends to
where there were none, and killed a child that he might be moved back
again. I think such a man as hateful as any sane criminal could be.

♦ *•*** -X- • n

It is said that if the argument I Lave used is well founded, it points to
the punishing of insane people more severely than the sane. I admit it
cruel as it may seem. But there need be no fear of this, as the ordinary pun-
ishmsnt of a sai\'i min would suSije for the insane. Bat still the argument
goes to that length. For the iasane man having less mental control than

204 EDITORIAL.

the sane, there is more necessity for the law stepping in to help him, and
deter him from doing mischief.

But these exceptional cases are put, and one is asked would you punish
that person ? Extreme cases are put. For example, the case of a man who
wanted from some religious craze, to be executed, and who, to bring it
about, committed a murder, so that to execute him would be to do what
he wanted — the threat of taking his life would be no deterrent, but an
inducement to the crime. So one may take the case of the unhappy woman
who killed her children that they might be in heaven, and is indifferent
as to her own fate — I answer this question thus — I certainly would have
the law include them. The first case was one of utter cruelty and selfish-
ness, and neither my conscience nor pity would be moved in favor of the
wretched creature. As to the woman, though she knew she was doing
what the law forbids, and so was not within the rule that would justify
her acquittal, yet it might be said in her case, her state of mind was such
that the law's threat could not be deterred — I would not introduce any such
exception into the rule. Minute and questionable exceptions in a law impair
it, and render its application difficult. The rule should be plain and sim-
ple, though exceptions might be introduced into its application.

It is said that it is hard upon the poor lunatic that it must be admitted
that from the excitement and irritability which accompany his insanity, he
has less chance of keeping clear of crime than a sane person. I admit it is
hard and the observation would be very forcible, if punishment was threat-
ened out of revenge or spite.

The lunatic committing a crime is certainly less an object of anger and
hate than the man who in full possession of his senses, commits one. But
the law does not punish for revenge, but for preservation.

It will be asked, would you hang a madman ?

If it were such a madman as Dove, or the wretch that last fired at the
Queen, had he killed her, I say yes. The only doubt I have is whether a
punishment that made them ridiculous, as flogging would not be better for
the crazy wretches who shoot at kings and presidents, and other great peo-
ple, out of a morbid desire for notoriety. But I retort the question, would
you let every madman burn, forge, steal with impunity ? If not you would
punish him less than others ? Why ? As much ? Then why not punish
murderers as much ?

Is it reaonable, just right, that an evil-minded, ill-conditioned, ill-con-
ducted being, with sense enough for the law to allow his will and his con-
tracts, should be able to commit crime with impunity.

(The Nineteenth Century Magazine, Dec. 1885.)

SuniEME Court of Iowa, Dillon, Chief Justice : —

Held that the capacity to distinguish between right and wrong was not a
safe test of criminal responsibility in all cases, and that, if a person commits
a homicide, knowing it to be wrong, but does so under the influence of an
uncontrollable and irresistible impulse, arising not from natural passion, but
from an instme condition of the mind, he is not criminally responsible.

EDITORIAL. 205

"If," said Chief Justice Dillon, "by the observation aud concurrent testi-
mony of medical men who make the study of insanity a specialty, it shall
be definately establishad to be true, that there is an unsound condition of
the mind, that is, a diseased condition of the mind, in which, though a
person abstractly knows that a given act is wrong, he is yet, by an insane
impulse, that is, an impulse proceeding from a diseased intellect, irresistibly
driven to commit it — the law must modify its ancient doctrines and recog-
nize the truth, and give to this condition, when it is satisfactorily shown to
exist, its exculpatory effect."

In State v. Feltes, Iowa, 68.

Judge M. Y. Montgomery —Charge to the Jury in Case of Daley (1888. )
1st. — If the defendant was at the time of the homicide wholly in-
capacitated mentally, a "mad man," without intelligent or rational
understanding, or in a condition of frenzy or raving madness I hardly
need say he is not responsible for his act. Again, I instruct you
generally that a defendant charged with murder is " not to be held
responsible when, at the time of the commission of the homicide,
he was incapable of determining whether the act was right or
wrong."

In considering this case, and the defenses which have been pre-
sented, the jury should consider the following questions :

1. Was the defendant at the time, the time of the act, as matter
of fact, afflicted with disease of the mind, was he wholly or partially
insane.

2. If he loas so afflicted^ did he know right from wrong, as applied
to the homicide in question.

If he did have such knowledge, had he, by reason of the duress of
such mental disease, so far lost the power to choose between the right
and the wrong, and to avoid doing the act in question, as that his free
agency was, at the time, destroyed, and if so, was the homicide so
connected with such mental disease, in the relation of cause and effect,
as to have been the product of it (the mental disease) solely. If you
are satisfied from the evidence that the defendant was mentally
afflicted, so that he did not know right from wrong, as applied to the
act, or if he did know, but by reason of "the duress, the stress of his
mental disease (if he had any), he had no power to choose, no power
to avoid doing what he did, and it the homicide wasthe product of his
mental condition solely, or, if by reason of the insane delusions which
the defendant had been harboring (if any), he had reached that con- .
dition of mind, where the morbid mipulse to kill became irresistible,,
and existed in such violence a^s to subjugate his intellect, control his
will, and render it impossible for him to do otherwise than to yield, and
do as he did^ then he is not to be held accountable.

"If some controlling (mental) disease was in truth the acting
power within him, which he could not resist, then he will not be
responsible."

" If a person commit a homicide under the influence of an unac-

206 EDITORIAL.

countable and irresistible impulse, arising not from natural passion
but from an insane condition of the mind, he is not criminally
responsible."

On the contrary, if you are satisfied from the evidence that the
defendant was not insane, either wholly or partially, that he had no
mental affliction, or if you are satisfied that even though he was to
some extenc afflicted mentally; that he was, to a degree, mentally un-
sound he still had sufficient capacity to understand, and did under-
stand, right from wrong, as applied to his act, and you are further
satisfied that there was no such duress, such stress of his mental dis-
ease as to render him powerless to choose, powerless to avoid doing
the ace, that his free agency was not destroyed, that the homicide was
not the product of his mental infirmity (if he had any), then he should
be held responsible and convicted as indicted.

"It is almost needless to add, that where one does not act under
the duress of a diseased mind or insane delusion, but from motives of
anger, revenge or other passions (understanding the nature and
character of the act he is about to do, and that it is wrong), he cannot
claim to be shielded from punishment for crime, on the ground of
insanity."

Dr. Tucker and "Lunacy in Many Lands."

The Australian journals, publish copies of a memorial
signed by a very large number of the Legislative Council
of New South Wales and a very much greater number of
the members of Parliament of that Colony (99 members
of Parliament), speaking in terms of highest praise of
Dr. Tucker's labors in collecting the information at a cost
of over £6,000 from his private purse, which was the
basis of his book, "Lunacy in Many Lands," which
memorials are addressed to Sir Henry Parkes, Colonial
Secretary of that Colony, with the official letter of
thanks, sent by Sir Henry Parkes to Dr. G. A. Tucker in
pursuance of the memorials.

We congratulate Dr. Tucker on this popular endorse-
ment of a labor, which cannot fail to interest every
alienist and friend of the insane in the world, and hope
we may in the near future see Dr. Tucker, in this coun-
try, as we learn from the same sources, he intends return-
ing to Europe to reside. We hope to see him or hear

EDITORIAL. 20T

from him at the International Medico-Legal Congress in
New York, next Juge.

The Amerioan Medical Association will hold its 4:0tb
annual meeting, and 250th anniversary of the settlement
of Newport, on the fourth Tuesday, 25th day of June,
1889.— H. E. Storer, M. D., a corresponding member
of that Society, is Chairman of the Committee of
Arrangements, which is composed as follows :

COMMITTEE OF AEEANGEMENTS.
H. R. Storer, Chairman.

C. F. Barker, M. E. Baldwin, C. A. Brackett, J. P.

Curley, P. F. Curley, J. P. Donovan, H. Ecroyd, Jr., V.

M. Francis, T. A. Kenefick, G. M. Odell, F. H. Rankin,

W. C. Rives, Jr.. S. H. Sears, W. S. Sherman, H. E.

Turner.

W. Thornton Parker,

Local Secretary.

The Painlessness of death.

The act of dying, it is now ascertained, is absolutely
free from suffering ; unconscious, insensibility always
preceding it. Any anguish that may attend mortal
illness, ceases before the close, as thousands who have
recovered, after hope had been surrendered, have
borne witness. Sudden and violent death, shocking to
the senses, may not be, probably is not, painful to the
victim. Drowning, hanging, freezing, shooting, falling
from a height, poisoning of many kinds, beget stupor or
numbness of the nerves, which is incompatible with sen-
sation. Persons who have met with such accidents, and
survived them, testify to this. Records to the effect are
numberless. — Junius H. Browne in the October Forum.

208 editorial.

Pergonal.

The University of Glasgow in August last conferred
the degree of L.L.D., on Prof. Benj. Ball of Paris, Prof.
Dr. MoRiTZ Benedict, of Vienna, Dr. Fordyce Barker,
of New York, and Dr. David Yellowlees, of Glasgow,
and upon other gentlemen.

At the annual meeting of the National Conference^ of
Charities, held at Buffalo in July last. Dr. A. B. Richard-
son, of Athens, Ohio, read a paper on '^* Brain Hygiene;"
Dr. P. Bryce, of Tuskaloosa, Ala., one on "The Moral
and Criminal Responsibility of the Insane;" Dr. 0. W.
Archibald, of Jamestown, Dakota on " Practical Hints
on the Care and Treatment of the Insane.'' And the re-
port of the Standing Committee on Insanity, written by
Dr. Stephen Smith, of New York, was submitted.

The Insane in New Hampshire,

By the census of 1S80, the number of the insane in
New Hampshire was 1,056.

Dr. J. B. Bancroft states that at the present time
there are 337 in the State Asylum for the Insane, in that
State, and in the various County Asylums, 437. Leav-
ing, as he thinks, considerably more than 27*2 scattered
through all the State in their own homes. Only one-
third of the insane of New Hampshire are under State
supervision. As none of the number in County Asy-
lums, and only such are sent to the State Asylum
as the County authorities choose — which number thus
committed to the State Asylum is only forty-two,— They
are treated in the State Asylum as private patients.
Fourteen, called criminal insane, are now in the State
Asylum, committed by the Courts,, or the Governor and
Council, from prisoners becoming insane during service
of terms of punishment.

EDITORIAL. 209

As eighty per cent, of the inmates are aelf -supporting,
the State only furnishing $6,'' 00 per annum to indigent
beneficiaries, it follows that practically all the indigent
insane of that State are supported in County Asylums
outside State supervision, of which no separate accounts
or statistics of admission, discharges, deaths or recov-
eries are kept separate from the other pauper inmates.
Nor is their admission requiring medical examination or
certificate of insanity before committment to the County
Asylums. They come in solely as paupers and on the
authority of County officials.

Insane in Virginia and West Virginia.

Dr. Wines, who commenced the work of carefully
tabulating the criminal and social statistics of the census
of 1880, for the Government ; states in that excellent
journal The International Record of Charities and Cor-
ri'.ctioii, that 397 insane persons not accused of crime,
w^ere confined in County jails in the United States, of
whom 139, more than one- third the whole number, were

in the two States of Virginia and West Virginia.

This, he asserts, is due to the faulty laws of Virginia
before the division. It is difficult to imagine how any
one can justify the continuance of such an evil. If any-
thing can be added to the misfortunes of the insane in
these States, it surely must be this last and wholly
indefensible addition, to their miseries. We call upon
the executives of these two states, so associated with the
history and glory of our country, to bring this subject to
the attention of their Legislatures at the next session, and
remedy an evil of this glaring and disgraceful nature.

The lunacy statutes of these States need careful
revision, and if a commissioner should be named by Gov-
ernors in each State, as was done by Gov. Hoy t in Pa. ,

2X0 EDTTORIAL.

the lunacy statutes of these historic States where the
first asylum was built in A merica, would be abreast t he
progress of liinacv reform in America.

The WniTEcnAPEL MoiiDEns.

Lonikui is profoundly moved by a series of revolLing
murders, accompanied with mutilations of the bodies of
fche victims. Thus far the police have been unable to
find the least clue to the perpetrator.

All the indications point to the conclusion that these
atrocities are the work of an insane person — probably of
the type of Perverted Sexual Mania, the atrocities re-
sembling similar reported cases.

Professor Proctor. — The sad death of this eminent
scientist and astronomer, touches the hearts of many of
his numerous friends in America. It is now generally
believed that he did not die of yellow fever, though the
physicians, who were unacquainted with yellow fever,
mistook his malady for that scourge.

His removal to the quarantine at the time, could
hardly have been less than fatal, though no one can
doubt that the authorities supposing him attacked by
yellow fever, decided that his life could not weigh against
the risk of the city from infection at that date.

The post-mortem is a singular document, illustrating
the importance, as does the case, of having of some physi-
cian attached to the Health Department, competent to-
know a case of yellow fever on sight, much less to detect
it at the autopsy.

The Prize Essays.
We hoped to have announced the awards of the Com-
mittee in this number of the Journal. The delay is due
to the difficulty of having all the members of the Com-
mittee read the essays, and in obtaining a meeting to

EDITORIAL. 211

decide upon the merits. The result will doubtless be
announced at the November meeting.

Medico- Legal Papers.

Serieo No. 1, Medico-Legal Papers, is out jf prInL, and
tve have offered $5 a copy for it in vain, beyond receiv-
ing a few copies.

We have numerous offers for this volume, and several
libraries wish to make a complete set before ordering
the remaining volumes.

If those who desire Vol. I. Medico-Legal Papers, will
send their names and addresses.to this Journal, an effort
will be made to publish a third edition at $3.50 cloth, and
$2.50 paper, illustrated with portraits and sketches of
distinguished men.

Vol 4, Medico-Legal Papers, is now in process of publi-
cation and about half completed. Members and sub-
scribers desiring to secure Vols. 4 and 5 at $3.50 cloth
and $2.50 paper, will send in their names to this JournaL

The following additional subscribers are announced :

Dr. Horace Wardner, Anna, 111., 1 copy, cloth.

Supreme Court Library of Alabama, 1 copy, cloth.

State Insane Hospital, Tuscaloosa, Alabama, 1 copy, cloth.

Dr. S. B. Buckmaster, Mendota, Wis., 1 copy, cloth.

Dr. E. J. Kilbourne, Elgin, 111., 1 copy, cloth.

New York Library, Court of Appeals, (Annex) Syracuse, N. Y.,.

1 copy, cloth.
Dr. John Abercrombie, London, 1 copy, cloth.
Dr. M. A. McClelland, Chicago, 111., 1 copy, cloth.
Jacob Shrady, Esq., N. Y., 2 copies, cloth.
C. H. Blackburn, Esq., Cincinnati, Ohio, 1 copy, cloth.
Dr. S. C. Johnson, Hudson, Wis., 1 copy, cloth.
Wisconsin State Library, Madison, 1 copy, cloth.
Dr. Ira Russell, Wichenden, Mass., 1 copy, cloth.
Dr. Wm. Landau, Berlin, 2 copies, cloth.
Dr. Frank C. Ogston, Dunedin, New Zealand, 1 copy, cloth.
Pa. State Library, Harrisburgh, 1 copy, cloth.
W. G. Stevenson, M. D., Poughkeepsie, 1 copy, cloth-

212 editorial.

The International Congress of Medical Juris-
prudence IN New York.

The action of the Medico-Legal Society in calUng an
International Congress of Medical Jurisprudence, to
commence the 1st Tuesday of June, 1889, in the City of
New York, lasting three or four days, has excited great
attention, both at home and abroad. The flattering
notices of the press of this city, notably the New York
Herald and the New York Tribune, have been echoed in
the Medical and Legal Journals of this country, as well
-as the more prominent of the foreign journals of the
Cognate Sciences. The new journal of Medical Juris-
prudence in Madrid, Spain, gives the proposed Congress
extended notice, and promises its aid and support to the
meeting of representative men from all countries, upon
the sciences, as do a large number of foreign scientific
journals.

The impetus given to the Nationalization of the Medico-
Legal Society, by the addition, during the past few
months, of the current Year, of more than one hundred
and fifty new members, selected from among eminent
and representative men of both professions, and from
chemists and scientists who are now eligible to member-
ship, in nearly every State and Territory in the United
States, lends greater interest to the Congress to be held
here next June, than usual, and will arouse, great inter-
est in every section of this country.

It is rather early to make any announcement of the
foreign delegates and papers promised, which will doubt-
less be sufficiently advanced to publish in our next issue.
A large number have announced that they will pre-
pare papers to be read on the occasion, of which we shall
announce a preliminary list in the December Journal.

The plan of Nationalization has been framed so as to

EDITORIAL. 213

admit active members in the various Provinces of Can-
ada and other EngUsh Colonies, as well as all foreign
countries, with a Vice-President elected in each, under
which active members in England and New Zealand
have been elected recently, and which will doubtless ex-
tend to many countries.

The invitation of the Medico-Legal Society for the
proposed Congress, is to all persons interested in the
science, whether member of the Society or not, and the
various scientific societies and bodies of our own and
foreign countries are invited to co-operate in the work
and to send representatives and delegates to the Con-
gress.

Notice to Members.
57 Broadway, New York, September, 1888.
To the Active, C or respo aiding, and Honorary Members
of the Medico-Legal Society :

Your numbers are now so large that I am unable to
write you all personally. I wish to invite each of
you to contribute a paper to be read at the International
Medico-Legal Congress, to be held in the City of New
York, commencing on th j first Tuesday of June, 1889.
Please notify me if you accept, and as soon as conve-
nient send the title c.f your paper.

As this Congress is not limited to our members, but is
free to all who take an interest in the science, it is hoped
that every member will interest himself to secure papers
from scientists home or foreign for that occasion, and
advise me of the result.

Respectfully, Clark Bell.

President Medico- Legal Society.

RECENT LEGAL DECISIONS,

HomJefile Insanity. — Upon a trial for murder, wlien the defence is

Insanity, an intimation is proper, that to excuse defendant the defendant
should have been from such insanity unable to distinguish in respect of the
crime charged between right and wrong, or that if conscious of the act and
its consequences, he must have been by reason of insanity wrought to a
fury rendering him incapable of controlling his actions, and that if reason
was dethroned merely by passion or revenge, defendant could not thereby
be shielded from the consequences of his action. (Williams vs. State S. C.
Ark., Junes, 1888 ; 9 S. W. Rep 5.)

Homicide Insanity. — To make a killing murder in the first degree, the
prisoner must be shown to be capable of knowing at the time of the act it&
nature and probable consequence, and that he had power over his will ta
to have prevented him from committing the crime. (State vs. Reidel, Dal.
Ct. Oyer and T.. May, 1888 ; 14 Att. Rep., 550 )

Same. — Per Contra. Held, that the omission to charge the jury in a case
when insanity was pleaded as defence, that if the defendant knew the act
to be wrong, but was driven to it by an irresistible impulse arising from an
insane delusion he would not be responsible, was not error.

State vs. Mowry, 32 Sup. Ct. Kansas (Oct., 1887); 15 Pa. Rep. 282. citing
State vs. Nixon, 32 Kansas, 205, approving of the dictum of Mr. Justice
Valentine, where he says that " it is impossible that an insane uncontrollable
impulse is sometimes sufficient to control criminal responsibility, but thi^
is probably so when it destroys the power of the accused to comprehend
rationally the nature, character and consequences of the particular act or
acts charged against him, and not where the accused still has the power of
knowing the character of the particular act or acts, and that they are
wrong." Further along he says: "The law will hardly recognize the
theory that any uncontrollable impulse may so take possession of a man'*
faculties as to compel him to do what he knows to be wrong and a crime,
and thereby relieve him from all responsibility. Whenever a man under-
stands the nature and character of an act, and knows that it is wrong, it
would seem that he ought to be held legally responsible for the commission
of it, if in fact he does commit it."

Insanity Evidence. — On a trial for murder, when insanity is relied
upon as a defence, evidence of statements made by defendant to his
physician six weeks previous to the homicide are not admissible in evidence.
(People vs. Hawkins, N. Y. Ct. of Appeals, June, 1888; 17 N. E. Rep.,
371.)

Same. — When insanity is interposed as a defense in a murder case, an
instruction that in order to support his plea the defendant must show by
preponderance of evidence, that is by the greater weight of credible evi-

RECENT LEGAL DECISIONS. 215

dence in the case, that he was insane, is correct. (State vs. Trout, S. C.
Iowa, May, 1888 ; 38 N. W. Rep. 405.)

Siime. — When a defendant relies upon insanity as an excuse for crime,
he must prove it by a preponderance of evidence. (Coates vs. State, S. C.
Ark., March, 188^; S. W. Rep. 304.)

Sam «».— When insanity is interposed as a defence in a criminal case, it
must be established by a preponderance of the evidence, and a reasonable
doubt does not authorize an acquittal. (Gunter vs. State, S. C. Ala., Jan.
1888. ; 3 South Rep. 600.)

Same.— But see State vs. Lowe, S. C. Mo., Nov. 1887 ; 5 S. W. Rep. 89,
holding, " That where the evidence ten 's to prove an insane condition of
mind for years, the burden of proof is on the State to prove that the de-
fendant was then sane or had a sane intent.

Same. — It is not prop^jPb admit in evidence proof of the dreams of de-
fendant in support of the plea of insanity, such dreams tending to indicate
that the prisoner was haunted by the spirit of his wife, who, as he alleged,
required him to kill the deceased in revenge of his wrong to her. (Spencer
vs. State, Maryland Ct. of App , April, 1888 ; 13 Atlantic Reporter, 809.)

Same. Experts. — Non-professional witnesses, after testifying to their
acquaintance with the defendant and his habits, may give their opinion as
to his insanity. (Territory vs. Hart, S. C. Mont., January, 1888 ; 17 Pacific
Rep., 718.)

Inquiry as to Sanity Bfifore Trial. — When a prisoner is arraigned
upon a criminal charge in Pennsylvania, and is believed to be insane, the
court may order the jury to try the question whether he is insane or not,
and if he is found to be insane may commit him to close custody for such
time as he remains insane. (Webber vs. Com., 17 S. C. Penn. March,
1888; 13 Att. Rep., 427.)

•Same. — When in a criminal case the defense is insanity at the time of
trial, the Georgia practice is to file a special plea to that effect, and to try
such plea by a special jury." (Fogarty vs. State, S. C. Ga , April, 1888 ; 5
S. E. Rep., 782.)

S >me. — *' A person accused of crime cannot be tried while insane. The
trial court should ascertain whether he is insane or not by an investigation,
or by the verdict of a jury. Such inquiry should not be made upon mere
suggestion." (State vs. Peacock. S. C. New Jersey, Nov. 1887 ; 11 Atlantic
Rep.. 318 )

Insanity. Presumptive — "A presumption of insanity from a prisoner's
committal to a lunatic asylum, may be rebutted by evidence other than a
discharge therefrom by due authority." (State vs. Davis, S. C. South Caro-
lina, January, 1888 ; 4 S. E. Rep. 567.)

^ Same. — When a daughter rendered services to her insane mother, taking
care and charge of her and waiting upon her, intending at the time of ren-
dering the service to charge the mother for the same, such services being
necessary for the well being and comfort of the mother, held, that she was
entitled to recover reasonable compensation for the same in the absence of
any contract. (Reando vs. Marsplay, S. C. Mo., 7 Wert. Rep., 106.)

llapo. — In a case of rape, the husband of the prosecutrix can testify
that she made complaint of her ravishment, and showed him the marks

216 RECENT LEGAL DECISIONS.

upon her person. (Hannon vs. State, S. C. Wis., Jan., 1888, N. W,
Rep. 1.)

Same. — In an indictment under Mill's Code, § 1743, for assault with,
intent to commit rape, it is sufficient to charge that the act was done
violently, etc. (State vs. Daly, S. C. Oregon, April, 1888, Pacific Rep.,
357.)

Same. — On an indictment for rape upon the person of a child between
thirteen and fourteen years of age, where the evidence showed that the de-
fendant did have intercourse with her and compelled her to submit to his'
embraces, the court properly refused to instruct the jury to find the defend-
ant not guilty. (Pugh vs. Com. of Ky., Ct. of App., May, 1888 ; 8 S. W.
Rep. 340.)

Same. — In a prosecution for assault with intent to commit a rape upon ar
child under the age of consent, proof consent constitutes no defense, nor
does impotence in the absence of proof that defendant knew he was impo-
tent. (Ter. vs. Keyes, S. C. Dak., May, 1888, N. W. Reporter, 440.)

Same — Presumption — Infant — Capacity of an Infant Under Four-
teen Years to Commit Rape. — The conclusive presumption of the Eng.
lish common law. that a male infant, under the age of fourteen years, is
physically incapable of committing the crime of rape, was based entirely
on the physiological fact that under the climate and other conditions pre-
vailing in England, puberty is very rarely attained under that age.

The contrary being unquestionably the fact, in Louisiana the rule has no
application. (State vs, Jones, Sup. Ct. La., 10 Crim. Law Mag. 89 (1888),
following Commonwealth vs. Green, 2 Pick. (Mass.) 380 ; People vs. Ran-
dolph, 2 Park. (N. Y.) Crim. Rep. 174 ; Williams vs. State, 14 Ohio, 222 ;
O'Meara vs. State, 17 Ohio St., 515 ; Moon vs. State, Id. 521 ; vide also Rape
lay Boys, by Dane, Brinton, Medico-Legal, Journal, September, 1888, voL
6, No. 2.

TOXICOLOGICAL.

Important Poi signing Trial. — We have received
from Prof. Millen Coughtrey, of Dunedin, New Zealand,
the full report of the trial of Thomas Hall for poison-
ing his father-in-law, Capt. Henry Cain.

The prisoner was convicted on purely circumstantial
evidence, based upon and fortified by, the medical evi-
dence, finding antimony in the remams on exhumation.
Prof. Ogston was the leading witness for the crown,
conducting the post-mortem, and Prof. Black, both of
the University at Dunedin, conducted the analysis. The
case is one of great interest, and there can be little doubt
of the guilt of the accused.

The medical and chemical evidence gives full and com-
plete details of the analysis. Much of Prof. Ogston's
evidence, and the chemical tests given in full detail,
would be full of interest to our readers. We regret that
want of space prevents our giving these at length.

This important trial illustrates the value of chemistry
in the sure detection of crime. But for the unerring,
careful, but indisputable evidence of the chemical analy-
sis, this conviction could not have been had.

The prisoner was defended with great ability by both
legal and medical advisers, but toxicology is of no ser-
vice whatever if her finger does not unertingly point to
the crime and the criminal.

TRANSACTIONS.

MEDICO-LEGAL SOCIETY,
Ppesidency of Clark Bell, Esq.

June 13th meeting, 1888. Held at Buckingham Hotel.
President Clark Bell, Esq., in the chair.

The minutes of last meeting read and approved. The
following gentlemen were elected active members, pro-
posed by the President :

N. S. GiBERSON, M.D., El Paso del Eobles, Cal.; Dr.
Q. CiNOiNNATUS Smith, Austin, Texas ; Geo. Cupples,
M.D , San Antonio, Texas ; Judge M. W. Montgomery,
Supreme Court, Washington, D. C. ; Dr. H. C. Dun-
AVANT, Osceola, Ark. ; C. H. Boardman, Prof. Med.
Juris. State University, St. Paul, Minn.

Proposed by Dr. W. J. Lewis, of Hart ord. Conn. :

Dr. Edwin K. Koot, of Hartford, Conn. ; Frank H.

Howard, attorney-at-law, Los Angelos, Cal.

Proposed by Mr. Albert Bach : Mr. Edward M. Fox,

Esq. , of the New York Bar.

The President submitted the action of the ex- Com-
mittee in regard to the competition for prize essays, of
works that had been previously published. The action
of the Committee was approved, and the chair directed
to name a committee to examine and report upon the
question.

The Chair named ex-Judge Noah Davis, Stephen
Smith, M.D., and E. W. Chamberlain, Esq.

Dr. Matthew D. Field read a paper entitled: ^'Is
Belief in Spiritualism Ever Evidence of Insanity, per
5e." This paper was discussed by Dr. E. C. Dent, Dr.

TRANSACTIONS. 2J9

Oeo. W. Jacoby, Dr. C. H. Shepard, Dr. Amelia Wright,
Dr. J. V. Stanton, the President, Dr. Frank H. Ingram,
and closed by Dr. Field.

Wm. Wilkins Carr, Esq., of the Philadelphia Bar,
Assistant United States District Attorney, read a paper
entitled, *^ The Webber Murder Case in Philadelphia.^^

Clark Bell, Esq., read a paper entitled, ^^ The New
Judicial Departure in Insanity Cases. ^^

This paper was discussed by Roger Foster and others.
Mr. Foster moved that the President be directed to ap-
point delegates to represent this Society with foreign
bodies for the ensuing summer vacation.

The Chair named as such delegates Eoger Foster, Esq.,
and J. Mount Blyer, M.D.

The Society adjourned.

Frank H. Ingram,

Asst. Secretary.

DISCUSSION ON DR. FIELD'S PAPER.

Dr. Frank H. Ivgkam: We may thank Dr. Field, for
so classifying the degrees of spiritualism, that the rela-
tion of this peculiar belief to insanity, is clearly defined.
His method is a good one to present, as an answer to the
question often asked of expert witnesses: '' Is spiritual-
ism an evidence of insanity? "

We are compelled to regard spiritualism, as a pure re-
ligious belief, as long as it deals only with the problems
concerned in other religions; but when it passes from
tenets, and impresses its votaries with the conviction
that they have a.tual, that is, material, communion
with the dead, we must cease to regard it in a purely
doctrinal sense. The person who believes, that he has
touched the hand of the materialized dead friend, has
spoken to him, and been spoken to in return, whose

220 TRANSACTIONS.

thoughts and actions are guided by suggestions or direc-
tions from the so-called spirit, is a deluded being, is pos-
sessed of both hallucinations and delusions. Uncorrected
hallucinations and delusions are prima facie evidences
of insanity.

There is a feature peculiar to spiritualism,- which
makes it predispose to insanity, viz. : it deals with illu-
sions; and it is but a step from an illusion, which is not
of itself an evidence of insanity, to actual hallucination
and delusion.

In connection with this topic, there is a question of
medico-legal importance. Is the testamentary capacity
of a spiritualist affected, by his belief? It is safe to as-
sume, that there is a perversion of judgment or will, or
both, when the believer is guided in his business rela-
tions, by the advice, received through illusions.

Dr. Shepard: I have only a word to say, and that is,
that spiritualism with a healthy man, is a sort of epi-
demic, that many of us can recall passing through, and
yet throwing it off after a time. While I was very much
interested in the paper, I cannot but think, that those
who become insane through that cause, are so unavoid-
ably, and that spiritualism is only an exciting and not
the real cause of it.

Dr. Amelia Wright : I w^as very much interested in
the paper, and agree with the author's views.

Dr. J. V. Stanton : My personal feeling is one of an-
tipathy to spiritualistic performances. It has always
suggested to me a form of insanity, either acute, chronic
or emotional, as the temperament may have been. I
think some temperaments are necessarily more inter-
ested in spiritualism than others. There are some types
of religious temperament that incline tow^ard investiga-
tion or are in sympathy with spiritualism. I have so
little sympathy with it that I can only listen.

TRANSACTIONS. 221

President Bell : The courts have held that hehef in
spirifuaUsm is not, per se, an evidence of insanity, no-
tably in will cases. The courts would hold that a belief
of what is described here and what I may call matetial-
izatioji, is not evidence of insanity. The doctor, in his
division, makes three classes, and excludes the first as not
insane. The first belong to the class described as persons
who make a business of deluding others. The second
are those who attend seances and are deluded. The
third, those who actually believe they see the dead, com-
municate with them, hear their voices distinctlv and
clearly, and who are in his judgment pronounced insane.
I do not see how I can bring myself to consent to that
proposition. Take the case of Mr. Luther R. Marsh, who
I have known for a great many years, with whom I have
conversed upon this subject for the past two years quite
fully. Mr. Marsh believes, as much as he believes in his
existence, that he actually sees- the dead in material
forms, that they communicate with him, and advise him
on many occasions. Upon that subject he has no man-
ner of doubt. The question, ''Is Mr. Marsh therefore
insane f " would be a fair proposition to propound
under the theory of this paper. I am satisfied that if
the members of the Medico-Legal Society conversed with
Mr. Marsh they would decide unanimously that he was
perfectly sane. He may be entirely in error in regard to
his belief. It is a deeply religious feeling with Mr.
Marsh. I have no belief in spiritual manifestation
myself, but cannot think all who have are insane. Mr.
Marsh regards his belief akin to those miracles and
manifestations related in the Bible, of which the '^ witch
of Endor " and other phenomena are examples. I have
never personally had any experience in spiritualistic
seances, except on a recent occasion when I visited one.
I saw peculiar phenomena, which perhaps some of the

222 TRANSACTIONS.

physicians present to-night have seen, and I should not
say that it was an evidence of insanity to beheve in it.
Supposing that we go down to the Grand Opera House
and see Mr. Heller give one of his representations, in
which he makes as it seems to the audience, spirits play,
come out of cabinets, distribute flowers among the audi-
ence, answer questioas, and do innumerable mysteri-
ous and strange things, deceiving the senses thoroughly,
I should not say that the party who believes in him, is
necessarily insane. I saw at the seance I attended, what
appeared to be at least twenty-five spirits, who came out
of the cabinet. What they were, and how they managed
to appear, I had no time nor opportunity to investigate.
I saw several persons who were called up to the cabi-
net, by their supposed deceased relations. One man
said he had conversed with his daughter, and believed it
as much as that he was alive. As many as fifteen or
twenty persons believed that they saw and conversed
with the spirits of their dear friends, in many instances
they took them by the hand. In some instances a little
child, as a supposed spirit of the daughter or son of one
of the persons, came out, and a boy not higher than this
table. Now, to say the people who believed this were in-
sane, is a proposition I am not willing to give my consent
to. They were deluded and deceived, they imagine they
hear the voice of the dead and know what they say, but
I do not believe any court would hold these persons in-
sane. In insanity we look for a lesion of the brain, you
have to classify, to locate a disease, and because a person
heheves in something you do not, is not an evidence of
insanity. It might be a case where your mind or my
mind was affected by it, but I do not believe the courts
are prepared to adopt that idea. It is a subject which
needs preparation to discuss, and is a very interesting
one. I am very much obliged to the Doctor for bringing
it up, and 1 will look more thoroughly into it.

JOURNALS AND BOOKS.

John C. Fremont. — Memoirs etc., e<c.,Belford Clarke & Co.,
New York and Chicago, (1887), vol. 1, pp. 665.

The history of the Life of General Fremont is intermingled
with the history of the country. It must ever be, a work of in-
terest to every citizen, when these pages are written by the chief
actor, in those eventful scenes. This must lend intensity both
to its merit and its attraction. From 1828, when railways were
in their infancy and a dream of the future, and steamships were
unknown and yet to be built, to the present time, (which is the
scope of the life of the Pathfinder)^ is embodied that era of the
American nation, which signifies its greatest material growth,
development, and progress.

Whoever may lay claim to originating the idea of a Pacific
Railway, from the Atlantic to the Pacific, the public will always
award this distinction to General Fremont.

He it was, who led the thought of his time toward the work,
and his nomination to the Presidency as the candidate of the
young Republican party, was largely due to the popularity won
by his pioneer work, on our then unknown Western frontier.

The General wields his pen as gracefully as his sword, and
this contribution from his personal recollection will add another
quota to those works which like those of Benton, Grant, Blaine
and otherd, will enrich the literature of our century, and be in-
valuable to the student of the coming one, with a clearer insight
to the inner forces of our era, so difficult to trace by the histo-
rian who searches only in the treasures of the past time.

The first volume is completed, and we trust the health and life
of General Fremont may be spared to complete the second
volume.

The Journal of Jurisprudence (Edinburgh) is a valuable
legal journal, published monthly by F. & T. Clark, Edinburgh r
at a cost of one shilling and six pence each number. During the
year it has published the" Medical Jurisprudence of Inebriety,'*
by Clark Bell, Esq., given an extended notice of the proposed
International Medico-Legal Congress in New York, attacked edi-
torially the New York law substituting death by electricity for
hanging, also " The Status Ebrietatis in our Courts," from this
journal, as well as " The Trial of Dr. Middleton," of interest to

224 JOURNALS AND BOOKS.

our readers, besides many original papers of great merit, re-
views of works and editorial notes and comments.

The Scottish Law Eeview^ (Wm. Hodge & Co., Glasgow), vol.
IV. This journal contains original papers of merit. The dis-
cussion of mooted changes in the law, reviews of books, notes
from London and from Edinburgh, with reports of the sheriff
and courts. The more valuable of the original papers during
the past year have been "Sheriff Berry's address to the Glasgow
Juridical Society," and articles on " Our Extradition Treaties,"
"Imprisonment for Debt," Lord Herschell's Trustee Bill, "Pre-
sumption of Life at Common Law and its Statutory Limitation."

The Law Quarterly Review, edited by Frederick Pollock,
M.A,, LL.D., London. This able quarterly takes high rank as a
legal journal. , It has a varied and very able table of contents,
composed of original articles, reviews and notices of books, edi-
torial notes, and a resume of contents of exchanges.
, Among the leading articles of the past year of interest to our
readers, are " Evidence in Criminal Cases of Similar but Uncon-
nected Acts," by Herbert Stephen, in January number. "The
Licensing of Nuisances," by T.Crisp. Poole, in July number.
" Testamentary Capacity in Mental Disease," by A. Wood Ren-
ton, in October number.

The Canadian L.aw Times, E. Douglas Armour editor (Toronto),
the leading Canadian monthly law journal, is ably edited, and
should be in the American law libraries. It has able, original
articles in each number, but its great value depends upon its notes
of cases decided in the various courts of Ontario, New Brunswick,
Nova Scotia, Manitoba, British Columbia, Northwest Territories
and the Supreme Court of Canada.

An article, on ^^ Pagan Marriages,^'' in June number, is interest-
ing, as showing on similar facts, a decision in Canada the exact
opposite of one in England. The English case is in Re Bethell ;
the Canadian case Conolly v. Woolrich (11 L. C. Jur. 197, in
Appeal, 1 Rev. Leg. 263.)

The Irish Law Times, edited by Ed. Netterville Blake is a
weekly law journal of great excellence and value. It publishes
separately paged each year an extra volume which appears as
supplementary numbers. arranged for binding, The Irish Law
Times Repaints, worth more than the subscription price. And
it also publishes the Public General Statutes as a separate ap-
pendix for binding.

The editorial department is ably conducted, and the Journal
furnishes a careful resume of topics of great interest to lawyers,
and would be a valuable acquisition to every lawyer s library.
Its subscription price is £1 10s., ofRce, .53 Sackville street,
Dublin.

JOURNALS AND BOOKS. 225

The Chicago Law Timks, edited by Catharine V. Waite. This
journal is very readable and interesting. It is now in its second
volume, a qui^-terly, and is making steady progress and advance.
It publishes a portrait in each number, usually of judges of the
Supreme Court of the United States. It has original articles,
frequently of a legohistorical character, and lately devotes
much space to personal notices of distinguished living Chicago
lawyers.

It has a department of Medical Jurisprudence ably conducted
by Scott Helm, M.D. The April number contained an article by
Dr, D R. Brower on " Slmulaticn of Insanity by the Insane,'^' and
one by Dr. Kernan, entitled "Insane Suicide, Insane Homicide,
or Murder, Which ? " The July number contains the proceed-
ings of the Medico-Legal Society of Chicago, and the October
(1888) number, an article by Dr. J as. G. Keerrian, on "Validity
of i^otive as Evidence of Insanity in Criminal Cases," which
the author classifies under four heads :

1. Criminal acts committed by the insane often originate in
seemingly sane motives.

2. Acts committed by lunatics from an insane reason are
sometimes referred to a seemingly sane motive.

3. Acts committed by lunatics may be the distant outcome of
an insane delusion, yet the act be the result of a strictly logical
and seemingly sanemotive.

4. The execution of decidedly insane projects may be inter-
fered with by a healthy conception.

The Americ n Law Kegister, Phila (The D. B. Canfield Co.)
The January (18S3) nu:iiber commences the 1st volume of series
3 of this journal, which is 27th volume of its issue. It has
an able corps of editors. Each number contains a leading
article, and the remainder is devoted to recent American decis-
ions in the Supreme Court of the United States, and in the
higher courts of appellate jurisdi'-tion in the several States.

It also contains abstracts of recent decisions in all the higher
courts of the several States.

The journal is a monthly, and bound at the end of the year,
makes a valuable volume for the library shelves of the practic-
ing lawyer or the public libraries.

Books, Journals & PampMets Received^

Dr. a. De Jong. — Het Hypnotismus, als. Genees Middel. 1888.

MiLLEN CouGHTREY, M. 3 CM:, Prof. Anatomy and Physiology. — 1. Ad-
dress to Faculty, Otago University, Dunedin, New Zealand. Eeport of
trial of Capt. Henry Cain. Graduation address, New Zealand University.

Enrico Ferri. — II progetto, Zanardelli. Codice Penali. (1888 )

Dr. H. Kornfeld.— Geist und Korper. Studien (Jber die "Wickung der
Einbildungskraft. Von D. Hack Tuke. (188S.) (A translation of Dr.
Tuke's work).

Dr. R Von Krafft Ebing. — 1. Eine Experimentelle Studie auf dem
gebiete des Hypnotismus. (1888.) 2. Psycopathia Sexualis. (1888).

Charles H. Fisher. M.D., Secretary State Board of Health. — Second,
Fifth, Sixth, Seventh, Eighth and Ninth Annual Reports of State Board of
Health of Rhode Island. Rhode Island Registration Reports for 1879^
1880, 1881*, 1882, 1883, 1884.

Smithsonian Institute. — Reports of 1885. Parts 1 and 2.

J. C Mulhall, M.D. — Transactions Missouri State Medical Association.
(1888.)

Prof. Dr. Vox Buri. — Ueber den Begriff der Gefahr und Seine Anwen-
dung auf den Versuch.

Mrs Julius Glaser, Vienna (1888.)— Resume of the Works, Essays,
Reviews, Debates and Addresses of Julius Glaser, late Attorney -General
of Austria and corresponding member of the Medico-Legal Society.

Prof. Dr. K. B. Hoffman (Gratz, Austria.) — 1. Atlas of the Physiologi-
cal and Pathological Sediments of Urines, containing 44 plates with ex-
planations. (BraumuUer, Vienna, 1872.) 2. Beverages of the Greeks and
Romans. 3. Lead, as used by the Nations of Antiquity. Berlin, 1885.
4. Supposed use of soap by the ancients. 5. Antique bronzes.

Hon. John C. Black, Commissioner of Pensions. — Annual Report for
1888.

Dr. John B. Chapin. — Reports of Pennsylvania Insane Asylum from
1843 to 1887, except 1847, 1859, 1863.

Ernest H. Crosby, Esq. — The Legal Profession and American Progress.
(1888)

Dr. Geo. Z. Hulbert.— Electricity vs. Tait. (1888.)

Donald McLean, M. 1). — Retrospective and Prospective Sur-
gery, (1888).

Benjamin Marshall, M. D. — Antipyrine, (1888).

L. S. HiNCKLY, M. D.— Annual Report of the Essex Co. , N. J.^
Asylum for the Insane, (1888).

N. Senn, M. D., Ph. D.— Rectal Insufflation of Hydrogen Gas,

(1888).

BOOKS, JOURNALS AND PAMPHLETS RECEIVED. 221

H. H. Barker, M. D.— Announcement of the Medical and
Dental Departments of the National University, (1888-9).

Gen. W. B. Hazen. —Tornado Cirr-ular No. 1, (new series), Sig
nal Office, War Department, (1888).

Henry F. Formad, B. M., M. D.— Comparative Studies of
Mammalian Blood, etc., etc., (1888),

Thirteenth Annual Report of the General Board of Com-
missioners in Lunacy for Scotland, (1888).

D. R. Wallace, A. M., LL.D. — Medical Expert Testimony, or
the Doctor in Court.

John A. Wyeth, M. D. — Annual Announcement of the New
York Polyclinic and Hospital, (1888-9).

T. L. Wright, M. D. — Alcoholic Inebriety, as Related to Re-
sponsibility, and Criminal Jurisprudence, (1888).

David Prince, M. D. — Wounds, their Aseptic and Antiseptic
Treatment, (1887).

Sc )TCH Lunacy Commissions. — Thirtieth Annual Report,

1888 .

Dr. a. B. Richardson. — Fourteenth Annual Report Athens
Insane Asylum, (1887.)— Notes on Irish and Scotch Asylums,
1888).— Tact in the Management of the Irsane, (1888).— Restric-
tion of Personal Liberty in case of Insane, (1886).

Dr. William W. Potter. — Transactions of the American Asso-
ciation of Obstetricians and Gynecologists, (1888).

Dr. Francois Semal. —President Societe de Medicin Mentale

Belgique.

Des Psycho — Neuroses Dyscrasigies. — Brussels, (1882).

La Folie et le Suicide.— Gand, (1886).

Relations Entre la Criminalite et la folie. — Gand, (1886).

De la Sensibilite Generale— Paris, (1876).
(Aubenal prize memoir.)

De rUtilite et des danges de I'Hypnotisme, Brussels, (1888).

De I'Assistance des Epileptiques, Brussels, (1887).

De la Thermometrie Cephalique, Gand, 1.

Rapport de M, le Dr. Semal Sur le Congres International de

Medicine Mentale de Paris.

Du Development Physiologique de PIntelligence, Liege, (1880).

Societe de Medicine Mentale de Belgique, 4 April, (1872).

De la loi Sur les Alienes, Brussels, (1872).

Analysis of Dr. Magnars, work on Alcoholism, by Dr. Semal.

International Congress of Medical Sciences, First Session Brus-
sels, on Insane and Dangerous Criminals, (1876).

J. P. Henry Coutagne, M. D. — Expertes Medicales en Matiere
Criminelle, Lyon. A. Storck. Paris, G. Steinheil, (1888).

MAGAZINES.

Godey's Lady Book. — Keeps up its interest, and is well illus-
trated.

Lippincott's. — Is improving steadily.

American Journal of Insanity. — The October number has a
fine portrait of Dr. Stephen Smith. The proposed new law as to
commitments of insane and an interesting series of papers.

Alienist AND Neurologist. — Dr. Hughes is making this journal
one of great excellence and value.

Archives Anthropologie Criminei.le (Lyons, France.) — We
are glad to chronicle the great success of this new journal in its
domain. It announces a lai'g^ increase in circulation in Italy
and in Spanish speaking countries.

journal op Mental Science.— The last number gives detailed
accounts of the annual meeting of the British Medico-Psycho-
logical Association, and sp3aks in high praise of Scotch hospi-
tality.

The same editors were again chosen. The leading paper is the
Presidential address by Dr. T. S. Clouston at Edinburgh in
August last.

Archives de Neurol, and Phy. (Lisbon.)— We are glad to
welcome this new Portuguese journal to our exchanges, and its
editor to the corresponding list of the Medico-Legal Society of
New York.

Revista de Antropologia Criminal (Madrid.)— The new jour-
nal of Criminal Anthropology in Spain is certainly a matter of
congratulation to students of forensic medicine. It devotes
considerable space to the proposed International Congress of
Medical Jurisprudence in New York in June, 1889.

Annales Medico Psycholoc4iques. — Its chronique is admirable
and besides original papers of great- interest, it contains a care-
ful review of the transactions of the French Society Medico-
Psychologique from the pen of Dr. Charpentier, and a careful re-
view of the alienist and Neurologist Of this country.

Archives de Neurolgie. — Still under the editorial control of
Prof. Charcot and his illustrious collaborators, is the leadiiig
French journal of this science. Each number contains original
papers followed by a critique, review of works on nervous
pathology, a like review of mental pathology, and a detailed

MAGAZINES. 229

rescript of the transactions of the Society Medico-Psycholo-
gique, by Dr. Briand ; of the Society of Alienists of Southwest-
ern Germany, by Dr. Keraval • and of the Berlin Society of
Psychiatry, by Dr. Keraval.

The Bulletin of the Belgian Society of Mental Medicine. —
This is the official publication of that body and contains besides
its transactions and list of members, the original papers read
before the Society, and is a complete record of its labors and
work. Dr. Jules Morel is in charge of this publication.

JAMES DUNLAP MONCURE, M. D.

The present Superintendent of the Eastern Lunatic
Asylum of WiUiamsburg, Va., was born in the City of
Eichmond. He is descended on both sides from the early
settlers of the Colony of Virginia, representing the
eighth generation born on American soil. At an early
age he was sent to Germany, and thence to France, where
he received his education Returning home at the com-
mencement of the Civil War, he entered the Confederate
Arm}^ and served in it until the surrender of General
Lee. Dr. Moncure devoted himself to the special study
of mental and nervous diseases. He founded the *' Pinel
Hospital," near Eichmond, Virginia, in 1876. He was
elected Superintendent of the Eastern Lunatic Asylum^
in 1884, was re-elected in 1885 and in 1887.

He is a member of the IVledico-Legal Society, Chair-
man of the Committee on Nationalization of that body
for the State of Virginia, is able, energetic and one of
the rising physicians in mental diseases for that State.

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EASTERN LUNATIC ASYLUM OF VIEGINIA.

To the colony of Virginia belongs the honor of having
established the first asylum exclusively for the insane. In
the year 1768, the General Assembly passed an act organ-
izing this asylum, the first erected by public authority on
the continent of America. In 1769 a court of directors
was appointed, with power to purchase land to erect a
suitable building for a hospital to maintain and care for
*^ idiots, lunatics and persons of unsound mind."

This court purchased a lot of land from Thomas
Walker, in the year 1770, and proceeded to build thereon
a structure one hundred feet by thirty -eight, two stories
high, according to plans furnished by Robert Smith, of
Philadelphia, Pa., (it is the centre building in the pic-
ture). Much of the material used was imported from
England.

The hospital was completed and accepted by the court
of directors on Tuesday, September 14, 1773, and it was
determined to advertise in the public paper ' ' that the
hospital will be ready by the 12th of next month for the
reception of such idiots, lunatics and persons of unsound
mind, as may be sent thereto, agreeable to the act of
General Assembly, and that this court will sit on Tuesday
in each week to examine and receive such objects."

The Hospital was put in charge of a keeper, James
Gait, who was appointed at that court.

The office of keeper and that of physician was distinct
from 1773 until 1841. The keeper had entire charge of
the Hospital, and resided on the premises. The physician
visited the hospital whenever a patient was received and

232 EASTERN LUNATIC ASYLUM OF VIRGINIA.

then only when sent for by the keeper. The numerous
conflicts of authority between the physician and the
keeper caused the offices to be united under one head in
1841.

The following is a list of the names of the first court
of directors :

Honorable William Nelson, President ; Honorable
Thos. Nelson, Jr., Eobert Carter, Peyton Eandolph ;
Eobert Carter Nicli olas, John Blair, Jr. , George Wy the^
Dudley Digges, Jr., Thomas Everard and JohnTazewelL

These names represent to a Virginian, men of the high-
est prominence in her colonial history, as well as of the
Revolutionary period. Indeed, among the court of di-
rectors appointed from time to time, are the best known
Virginia gentlemen, often men of wealth and well-known
benevolence. We find in the list many distinguished
clergymen, such as the Rev. Dr. Camm, Rev. Mr.
Bracken and Right Rev. Bishop Jas. Madison. The
latter was a member of the court of directors from 1778
to certainly 1801, and he was for many years President
of the court.

The first two patients were admitted on Tuesday, Octo-
ber 12, 1773, and at the same court it was ^^ ordered that
the keepers of the hospital call in Dr. John Siqueyra, to
visit such persons as shall be brought to the hospital, at
their first reception and at such other times as may be
necessary."

The following is a list of keepers : James Gait ap-
pointed 1773, held office until he died, 1801.

Wm. G. Gait, son of former, 1801 to 1826, when he
died. Jesse Cole, appointed 1820, resigned in 1826.
Dickie Gait, son of former Gait, 1826-1837, when he re-
signed. Henry Edloe, appointed 1837, resigned 1838.
Philip Barzziza, appointed 1838, was the last keeper, and

EASTERxX LUNATIC ASYLUM OF VIRGINIA. 233

was elected steward 1841, when office of keeper was
merged into superintendent and physician.

List of physicians to the hospital : Dr. John Sique-
yra, appointed 1Y73 to 1795, when he died. Drs. Gait
and Barraud, appointed as physician and surgeon at fifty
pounds each per annum, from 1795 to 1808, when former
died. Dr. Alexander Dickie Gait, son of Dr. Gait, was
appointed 1808 to 1841, when he died. Dr. John Minson
Gait, son of the latter, was oppointed superintendent and
physician in the year 1841 and held the office until his
death, 1862, a short while after the capture of Williams-
burg by the Federal Army. Dr. John Gait William-
son, assistant physician, and a relative of the latter, took
charge for a short time in 1862, but soon died, leaving
the asylum without a head. The military authorities
then took charge until the State was ^^reconstructed,"
so-called.

Dr, Leonard Henly was then appointed 1865, when he
was removed by Gov. Wells, who appointed another
board, when Dr. R. M. Garrett was elected in 1866, the
latter, in turn, was removed, and Dr. A. E. Petticolas
elected by a military board in 1868 ; he died in the same
year. Dr. D. K. Brower, elected 1869-1876, when he re-
signed. Dr. Harvie Black was elected 1876 and was re
moved in 18-2, when the State fell in the hands of the
Eeadjuster Republican party. Dr. R. A. Wise was
elected 1882 and removed 1884, when the State became
again Democratic. Dr, Jas. D. Moncure, the present in-
cumbent, was elected Superintendent in 1884.

In the above list it will be seen : ' ^ Thus three emi-
nent physicians, father, son and grandson, (Drs. Gait,
Alexander Dickie Gait, and John Minson Gait) have had
charge successively of this asylum, and their name an
ornament to society, to science, and to humanity, has

234 EASTERN LUNATIC ASYLUM OF VIRGINIA.

been associated with this hospital since its foundation, in
1773.''

The writer of the above, Rev. Dr. Wilmer, in his address
a-t the centennial celebration of this asylum, says of Dr.
J. Minson Gait : ^' He left no son to lament an honored
father, and to add, as he has done, new lustre to a noble
ancestry. He lives in grateful memory and affection."

The following words of his own composition, form a fit-
ting memorial of his character : ' ' God has given us the
desire of fame for the good of our species. True fame,
then, resulting from the desire to make our names known
by doing some great good, is worthy of being ; it is fol-
lowing out the great purpose of our Creator. It makes
no difference that we shall be slumbering in the quiet
grave, when all that is good to which we have given rise,
is accomplished. We have followed out the destined end
of our being ; we have exercised rightly the talents which
have been entrusted to us for the good of mankind."

It will be no surprise to our readers to learn, that while
this asylum was constructed long before the announce-
ment of the enlightened and humane views of such alien-
ists as Tuke and Pinel, and therefore had wells for
subduing the refractory patients, irons to fetter their
limbs, and dungeons to render their escape impossible ;
yet with the humane and distinguished members of the
board of directors, and with superintendents entertaining
such views as above quoted from Dr. J. M. Gait, this
asylum was not slow in following in the footsteps of Tuke
and Pinel. For years the distinctive feature of the East-
ern Lunatic Asylum has been to grant to patients the
greatest amount of liberty consistent with tlieir personal
safety, and to reduce all restraint, mechanical or other-
wise, to the minimum.

^* The Cottage system" was inaugurated here for the

'■J

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EASTERN LUNATIC ASYLUM OF VIRGINIA. 235

better classification and treatment of the insane, as
early as 1841. It has been followed ever since.

It is to be regretted that the original buildings, erected
in 1773, were destroyed by fire, June 9, 1885.

The capacity of the asylum at present is about four
hundred patients. The female department has not been
rebuilt since the fire.

OFFICERS FOR 1888.

1st Vice-President :
W. G. STEVENSON, M. D.

Secretary :
ALBERT BACH, I^sq.

Corresponding Secretary :
MORRIS ELLINGER, Esq.

Treasurer :
E. W. CHAMBERLAIN, Esq

Librarian :
CHAS. F. STILLMAN, M. D.

President :
CLARK BELL, Esq.

2d Vice-President.
IRA RUSSELL, M. D.

Assistant Secretary :
FRANK H. INGRAM, M. D.

Chemist :
CHARLES A. DOREMUS, M. D.

Curator and Pathologist :
THEO. H. KELLOGG, M. D.

Assistant Librarian :
BENNO LOEWY, Esq.

TRUSTEES.
Legal : Medical :

RICHARD B. KIMBALL. Egq. CHARLES MILNE, M. D.
SIMOJ^ STERNE, Esq, J. M. B. MESSEMER, M. D.

WILLIAM G. DAVIES, Esq. FERD. C. VALENTINE, M. D.

PERMANENT COMMISSION.
Legal : Medical :

CLARK BELL, Esq. R. O. DOREMUS, M. D.

Hon. DAVID DUDLEY FIELD, R. L.PARSONS, M. D.
Hon. JOHN F. DILLON, STEPHEN SMITH, M. D.

COMMITTEES.

ON PUBLICATION OF SERIES 4 AND 5 MEDICO-LEGAL

PAPERS.
W. G. Stevenson, M. D., Chairman.
Clark Bell, Esq. F. C. Valentine, M. D.

R. S. Guernsey, Esq. Chas. S. Fischer, M. D.

R. B. Kimball, Esq. Amelia Wright, M. D.

MEDICO-LEGAL SOCIETY. 237

ON RESOLUTIONS OF MR. E. W. CHAMBERLAIN REGARDING

COMSTOCK SEIZURES.

E. W. Chamberlain, Chairman.
Roger Foster, Esq. W. F, Holcombe, M. D.

Morris Ellinger, Esq. Charles Milue, M. D.

Benno Loewy, Esq. R. J. O'Sullivau, M. D.

LEGISLATION REGARDING THE INSANE.

Clark Bell, Esq., Cliairtnan.

Judge Jno. F. Dillon, N. Y. P. Bryce, M. D., Ala.
Judge J. C. Normile, Mo. Stephen Smith, M. D., New York.
Gov.R. S. GreeQ, N. J. Horace Warduer, M. D., 111.

Ex-Gov. H. M. Hoyt., Pa. Dr. Thomas O. Powell, Ga.
P. O. Hooper, M. D., Ark.

METHODS OF CAPITAL PUNISHMENT.

J. Mount Bleyer, Chairman, Dr. Frank L. Ingram.
Dr. Chas. F. Stillman, Prof. R. O. Doremus.

The President.

ON RE-ORGANIZATION OF THE MORGUE.

The President,

The Secretary, and

The Permanent Commission.

ON CRIMINAL RESPONSIBILITY OF DEAF MUTES.

Dr. Isaac L. Peet, Chairman.

J. D. Roberts, M. D. C. Bainbridge Smith, Esq.

Samuel D. Powell, M. D. Albert Bach, Esq.
Judge S. Burdette Hyatt. A. C. Butts, Esq.

238 MEDICO-LEGAL SOCIETY.

ON TRi^NSLATIONS.

Morris Ellinger, Esq., Chairman.

Ossip Feldman, M. D. Samuel D. Sewards, Esq.

F. C. Valeutine, M. D. Albert Bach, Esq.

J. Mount Bleyer, M. D. J. R. M. Hearne, Esq.

Prof. E. P. Thwiug. M. D. Z. S. Sampson, Esq.
Theo. H. Kellogg, M. D.

ON NATIONAL STATE CHEMISTS.

Prof. John J. Reese, Chairman, of Pennsylvania.

Prof. R. O. Doremus, N. Y. Dr. V. C Vaughan, Mich.
Dr. Geo. B. Miller, Pa. Prof. C. A. Doremus, N. Y.

Prof. A. B. Mott, N. Y.

SUB-COMMITTEE ON INTERNATIONAL CONGRESS OP
MEDICAL JURISPRUDENCE.

Morris Ellinger, Chairman.

Dr. Isaac Lewis Peet, Judge Noah Davis,

Stephen Smith, M. D. E. W. Chamberlain, Esq.

The President.

The full Committee will be hereafter announced.

COMMITTEE OP THE STATES AND TERRITORIES ON EX-
TENDING MEMBERSHIP OF THE SOCIETY.

Alabama. — P. Bryce, M. D , Delaware. —

Tuscaloosa.

Arkai^sas. — Jas. H. Southall, Florida.— Dr. C. A. F. Lindorme,

Osceola, Little Rock. Fort Reed.

California. — E. Regensberger, Georgia. — Thos. O. Powell, M. D.,
M. D., San Franciaco. Milledgeville.

Colorado. — H. Chas. Ullman, Esq. Illinois.— Milo McClelland, M. D.,

Denver. Chicago.

Connecticut. — Joi^n M. Taylor, Indiana. — W. B. Fletcher, M. D..

Hartford. Indianapolis.

MEDICO-LEGAL SOCIETY. 239

Iowa.— F. C. Crittenden, M, D., New Zealand. — Prof. Miller

De8 Moines. Coughtrey,

Kansas.— North Carolina.— J. D. Roberts,

KENTUCKT.-Dr. F. H. Clark. ^j ^ Goklsboro.

Lexington, qhio.— C. H. Blackburn, Esq., Cinn.

LOUISIANA.-Dr. D. M. Clay, Pennsylvania.-S. Hepbnrn, Jr..

Shrevesport. ^sq., Carlisle.

Manttoba.-H. Aubrey Husband, ^jjodk IsLAND.-Philip K. Taylor,

Maryland.— Daniel L. Brinton, M.D. Wakefield.

^^^•' Baltimore, south Carolina.— Dr. Middleton

MASS.-Frank K. Paddock, M. D., ^^-^^^^^ Charleston.

Esq., Pittsfield. Texas.— Dr. D. R. Wallace,

Michigan. — T. R. Buckham, M.D., Terrell

Flint, tenn.— Dr. Michael Campbell,

Minnesota.— C. K. Bartlett, M.D., Knoxville

St. Peter. Vermont.- Dr. J Draper,

Missouri.— R. E. Smith, M. D., Brattleboro.

St. Joseph. Virginia.— Dr. Jas. D. Moncure,

Mississippi.— Dr. E. P. Sale., Williamsburg.

Aberdeen. Washington Ter. — John W.

Nebraska.— W. M. Knapp, M. D., Waughop, M. D., Fort Stellacoom.

Lincoln. West Virginia.—

Nevada.— S. Bishop, M. D., Wisconsin.— Henry Palmer, M. D.,

K.eno. Janesville.

N. Hampshire. — Dr. Carl H. Dakota.— Dr. O. Wellington, Archi-

Horsch. bald, Jamestown.

New Jersey.— Judge C. G. Garri- district of Columbia.— Judge M.

son., Camden. V. Montgomery.

New York.— Clark Bell, Esq., Chair- England.— A. Wood Renton, Esq.,

man., New York. London

HONORARY AND CORRESPONDING MEMBERS.

Honorary.

John C. Bucknill, M. D., Prof. K. von Krafft-Ebing,

London, England. Gratz, Austria.

Ernest Chaud6, Esq., Henry Maudsley, M. D.,

Paris, France. London,

Prof. D. Hack Tuke, M. D., Prof. Dr. J. Maschka,

London, England. Prague, Bohemia.

*• Frank H. Hamilton, M. D., Sir James Fitzjames Stephen,

New York. Londoi\

Fordyce Barker, M. D., Hon. Noah Davis,

New York. New York,

Hon. Chas. P. Daly, Francis Wharton, LL. D.,

New York. Philadelohia,

240

*Prof. Augustin Andrade. M. D.

City of Mexico.

John Abcrcrombie, M. D.,

CORRESPONDING MEMBERS.

John Curwen, M. D.,

London.
London.

Julius Althaus, M. D.,

Prof. Dr. Benj. Ball,

Paris, France.
Hon. Gunning S. Bedford,

New York.

Prof. C. M. Brosius, M. D.,

Berndorf, Germany.

A. N. Bell, M. D.,

New York.

G. E. Bentzen, M. D.,

Christiania , Norway.

Prof. Leonardi Bianchi,

Naples, Italy.
Prof. Dr. Serafino Bififi,

Milan, Italy.
Hon. Geo. B. Bradley,

Corning, N. Y.
E. Blanche, M. D.,

Paris.
*R. P. Brown, M. D.,

Addison, N. Y.
Sir. J. Chrichton Brown,

London.
Jose M. Bandera, M. D.,

City of Mexico.

T. R. Buckham, M. D.,

Flint, Mich.

*Henry Buist, Esq.,

Charleston, S. C.
Prof. G. Buonomo,

Naples, Italy.
A. L. Carroll, M . D .,

New Brighton, S. I.

Prof. Charpentier,

Paris.
Prof. Stanford E. Chaille,

New Orleans, La.

Senor Don Manuel Contreras,

City of Mexico.
Hon. S. S. Cox, N. Y. City.

Henry Coutagne, M. D.

Lyons, France.
T. de Musgrave Clay, M. D.,

Pau, France.
T. S. Clouston, M. D.,

Edinburgh, Scotland.

* Deceased.

Warren, Pa.
T. D. Crothers, M. D.,

Hartford, Conn.
Prof. R. H. Chittenden,

New Haven, Conn.
N. R. Davis, M. D.,

Chicago, 111.
H. E. Desrosiers, M. D.,

Montreal, Canada.
F. W. Draper, M. D.,

36 Worcester street, Boston.

Prof. Dr. Geo. Dragondorf,

Dorpat, Russia.
Dominick Daly, Esq.,

Birmingham, England.

Dr. De Jong,

Amsterdam, Holland.
Victor Desguin, M. D.,

Antwerp, Belgium.
Leon De Rode, M. D.,

Louvain, Belgium.
* Le Grand Du Saulle, M. D.,

Paris.
Dr. Pliny Earle,

Northampton, Mass.
Prof. J. J. El well,

Cleveland, Ohio.

Prof. M. G. Elzey,

Washington, D. C.

lenm
3ern(

M. D. Ewell, M. D.,

Chicago, 111.
Dr. Landon B. Edwards,

Richmond, Va.
Simon Fitch, M. D.,

Halifax, N. S.
Dr. Enrique A. Frimont,

Ozuluama, Mexico.
Prof. E. Ferri,

Sienne, Italy,

I'ruf. Ach. Foville, M. D.,

Paris.
Prof. Dr. Furstnc,

Heidelberg, Germany.
*Th. Gallard, M. D

Paris, France.
James A. Gray, M. D.,

Atlanta, Ga.
Prof. R. Garofolo,

Naples, Italy.

Prof. Albrecht Erlenmeyer,

Berndorf, Germany.

* Gen'l Procurator, Dr. Julius Glaser,

Vienna, Austria.

W. R. Cowers, M. D.,

London.
Prof. Matthew Hay,

Aberdeen, Scotland.
J. L. Hanna, Esq.,

Baltimore, Md.
•Geo. L. Harrison, Esq.,

Philadelphia.

Prof. Dr. F. von Holtzendorf,

Munich, Bavaria.
Ernest Hart, M. D.,

London.
Prof. H. Heiberg,

Christiania, Norway.
Prof. A. W. Hoffman,

Berlin, Germany.
Dr. Gershom H. Hill,

Independence, Iowa.
Jabez Hogg, M. D.,

London.
Prof. E. Horsford,

Cambridge, Mass.
Prof. Hoffman,

Gratz, Austria.
C. H. Hughes, M. D.,

St. Louis, Mo.

Prof. H. Aubrey Husband,

Edinburgh, Scotland.

* B. C. Ingels, M . D. ,

Ghent, Belgium.
W. W. Ireland, M. D.,

Edinburgh, Scotland.

* Hon. Frederick Kapp,

Berlin, Prussia.
Prof. Axel. Tvey,

Stockholm, Sweden.

Prof. Dr. Heiman Kornfeld,

Grotkau, Silesia.
Prof. Dr. A. LaCassagne,

Lyons, France.
Prof. Henry M. Lyman,

Chicago, 111.

Joaquin G. Lebredo, M. D.,

Havana, Cuba.
Dr. I^. Lewin,

Berlin, Germany.
Prof. Max Leidsdorf,

Vienna, Austria.
Prof. J. Lehmann,

Copenhagen, Denmark.

MEDICO-LEGAL SOCIETY

Corresponditig.

Dr. Souza Lima,

'iW

Rio Janeiro, BraziL
Brewer Mattocks, M. D.,

St. Paul, Minn.

*Hon. Guy H. McMaster,

Bath, N. Y.
Jules Morel, M. D.,

Ghent, Belgium
Prof. A. Motet,

Paris, France.
Prof. Dr. Mierzejewski,

St. Petersburg, Russia*
Prof. Dr. L. Meyer,

Gottingen, Germany,.
Prof. R. Otto,

Germany.
Ed.M. Perez, M. D.,

Buenos Ayres, S. A.
G. Vivian Poore, M. D., ,^

London, England.
John Dixon Mann, M. D.,

Manchester,. England.

Prof. John M. Packard,

Philadelphia.
Joseph Parrish, M. D.,

Burlington, N. J.
Dr. J. A. Peeters,

Gheel, Belgium.
Dr. Louis Penard,

Versailles, France.
Augustus J. Pepper, M. D.,

London.
Prof. F. Pollock,

London.
S. D. Presby, M. D.,

Taunton, Mass.
Dr. John H. Rauch,

Springfield, 111.
Prof. Roman Ramirez, M. D.,

City of Mexico.
]^r. Ramaer,

The Hague, Hollaxid.
Prof. John J. Reese,

Philadelphia, Fa.

Prof. Dr. V. Reubold,

Wurzberg, Germany.

Prof. Dr. Ludwig Schlager,

Vienna, .\'\stria.

*Gen. Staats Anwalt Sc^'a'arze,

IVesden, Saxony.

G. E. Shuttleworth. M. D.,

Lancaster, Eng.
Dr. Thomas Stevenson,

London.

242

CORRESPONDINa MEMBERS.

Correcponding.

tr. n. O. Sankey, M. D.,
Bftuchuich, N. Shrewsbury, England. ;

Geo. II. Savage, M. D.,

Bethlem Hospital, London.

H. R. Storer, M. D.,

Newport, R. I.
*Prof. Dr. Axel Jaderholm,

Stockholm, Sweden.

Prof. Arrigio Tamassia,

Padova, Italy.
Prof. Augusto Tamburini,

Turin, Italy.

C. Meymott Tidy, M. D. ,

London.
Geo. P. Tucker, M. D.,

Sidney, Australia.
Dr. Rafael Ulicia,

Madrid, Spain.

L. W. Baker,

Baldwinville, Mass.
R. S. Sutton, M.D.,

Pittsburgh, Pa.
Hon. Charles H. Daniels,

Justice Supreme Court,
Buffalo, N. Y.

D. Lentz,

Government Director Belgium Asy-
lums, Brussels, Belgium,
Prof. Dr. Paul Kowalewsky,

Kharkoli, Russia.
Prof. Senator Andrea Verga,

President Society di Freniatria,
Milan, Italy.
Dr. W. H. Taylor,
Secy. Mass. Medico-Legal Society,
New Bedford, Mass.
Dr, Giulio Chiarugi, Sienna, Italy.
W. H, S. Bell,
Grahamstown,

Cape Good Hope, S. Africa.
Ed Netterville Blake. Esq.,

Dublin, Ireland,
John Kinmot,

Edinburgh, Scotland.
Dr. Scott Helm, Chicago.

Dr. Ed J, Doering, Chicago.

D. A. K. Steele, Chicago.

Emile Hourteloup, Paris, France.
Dr. Fred. Needham

Gloucester, England.
Prof. M. Benedict,

Vienna, Austria.
Dr. H. Laehr,

Berlin, Germany.

Dr, Wm, Laudau,

Berlin, Germany.
Dr. Bettencourt Rodrigues. Lisbon.
Dr. Semal, Mons, Belgium.

O. W. Wight, Esq., M,D.,

Detroit, Mich,

Prof. Dr. "Wilhelm Emil Wahlberg,

Vienna, Austria.
F. Winsor, M. D.,

Winchester, Mass.
Prof. T. G. Wormley, M, D.,

Philadelphia.
Prof. Dr. L. Wille,

Basle, Switzerland.
Dr. M. von Buri,

Leipzig, Germany.
Ely Vander Warker, M. D,

Syracuse, N. Y.
lorbes Winslow, M. D.,

London,
William C. Wile, M. D.,

Sandy Hook, Cona,

Norman Kerr, M.D.,

President Society for Study

and Cure of Inebriety.
London,
Hon, Stanley jMathews,

Justice Supreme Court,

U, S., Washington, D, C.
Dr, P. Heger,

President Society of Mental

Medicine of Belgium,
Brussels, Belgium.
Dr, F. Lentz, Sec. of Societe of

Mental Medicine,
Supt. Asylum for Insane,

Tournai, Belgium.
Dr. Jose Monteros,

Guatemala, S. A.
Dr. Chas. W. Moore,

San Francisco, Cal.

Prof. Dr. Lefebvre,

Brussels, Belgium.
Dr. V, Magnan, Paris, France,

Dr. Falret, Paris, France,

Dr. Vermeulen, Gbent, Be'gium.
Dr. Urquhart, Perth, Scotland.

Dr, G. Fielding Blandford,

London, England.
Edwin Chad wick. Esq,, C. B.,

London.
C, F. Buswell, Esq., Boston, Mass.
Dr, Jules Socquet, Paris, France.

Adolph Kallay, M. D.,

Karlsbad, Germany.
Dr. Arthur P, Luff,

London, England.

Dr, A. Mc Alvarez Taladriz,

Valladolid, Spain.
Dr, Guiseppe D. Abuudo.

Pisa, Italy

* Deceased*

THE WEBBER MURDER CASE IN PHILADEL-
PHIA.''

By Wm. Wilkins Carr,

Of the Philadelphia Bar.

Since the trial of Guiteau, in 1881, there would appear
to be a change in public sentiment as to the execution of
insane offenders. Modern criminal procedure asserts
that society has the right to hang offenders against its
laws even though they be insane. In the opinion of
alienists, Joseph Taylor, hanged in Philadelphia, in
1881, for the killing of a prison-keeper, was insane ; and
in the same condition of mind was Dr. L. U. Beach,
who, in 1885, was hanged at Hollidaysburgh, Pa.f

Nor is the practice of hanging the insane altogether
unsupported by ^principle ; for, assuming it to be true
that the study of the disease of insanity during the last
century has shown that the punishment of the insane is
valuable as a preventive, or protective measure to so-
ciety, there then follows the right to inflict such punish-
ment upon them as well as upon sane offenders. On

* Read at meeting of June 13, 1888.

f In England the subject has received much attention from the cases of
Goldstone and Cole, the former of whom was tried and convicted in Sep-
tember, 1883, in London, for the murder of his five children ; but subse-
quently, a formal inquiry directed to be made by Sir Wm. Harcourt, the
English Kome Secretary, found that he was insane, and he was reprieved
by the Government. The prisoner had drowned three of his children in a
cistern and broken the skulls of the remaining two with a hammer. The
verdict was guilty of wilful murder. The trial and conviction of James
Cole was held in October, 1883, for the murder of his child, aged three
years and eight months; but the Home Secretary again ordered a medical
examiaation, which, pronouncing him to be insane, he also was reprieved.
See "Madness and Crime," by Clark Bell, Esq., 2 Medico-Legal Jour.,
page 339.

244: THE WEBBER MURDER CASE IN PHILADELPHIA.

the other hand, the conviction and hanging of insane
defendants conflicts with the other fundamental prin-
ciple of criminal law, that there can be no " crime " in
the absence of proof of a rational motive or intention
Nevertheless, an eminent legal writer has said: ''It
should not be forgotten, in connection with this subject,
that little or no loss is inflicted either on the mad man
himself, or on the community by his execution. It is,
indeed, more difficult to say why a dangerous and in-
curable mxdman should not be painlessly put to death
as a measure of humanity, than to show why a man,
who being both mad and wicked, deliberately commits
a cruel murder, should be executed as a murderer."^

* - Siephen's Histor}^ of the Criiniual Laws of England, page 178. See
3 Medico-Legal Jour 1, for a paper read before the Medical Jurisprudence
Society, of Piiiladelphta, April Uih. 18S5. by Clark Bell, Esq., of New
York, entitled, '' Shall we hang the insane who commit homicides ?" in
which the subject is discussed and reference made to the cases above men-
tioned. Mr. Bell says: — '* There is much to be said in favor of the public
execution of the insane for capital offences, and there can be little doubt
that society has the same right to execute insane criminals (if such a term
is admissible) if it can be felt that it would tend to the prevention of of -
fences by others, or could be regarded in any broad and strong sense as
protecting society from the danger of assaults that threatened seriously
its peace or permanent good.

The sane criminal is not executed by operation of law as a punative, but
as a preventive measure; and it is only defensible when, for the greater
good of ihe living, Governments justify themselves in instituting proceed-
ings under recognized forms of law to take human life, even as a quasi
punishment for crime.

If the public executioner has a restraining influence upon those liable
to commit high crimes, if the fear of the scaffold deters the murderer
from the awful act ; who can say that the sanity or insanity of the homi-
cide effects the moral or restraining power of the scaffold, as a repressive
force, in its effect upon the minds of men likely or even liable to commit
crime ?

Dr. Wm. A. Hammond, the eminent alienist, not long since publicly ad-
vocated the execution of Guiteau, of whose insanity he entertained no
doubt. He regards the execution of the insane as an important factor in
its general influence upon the insane themselves, and claims with great
force that these unfortunates are susceptible to restraining influences from
the penalties thus inflicted, in which opinion I do not doubt many superin-
tendents of asylums would concur."

THE WEBBER MURDER CASE IN PHILADELPHIA. 245

It may be said, however, that society at large has not
as yet been educated up to the point of looking upon the
trial and execution of the insane as being in accordance
with sentiments of mercy and humanity, and the unre-
pealed statutes of many of the States still expressly
affirm the common law rule that no insane person shall
be hung. But if that rule be changed and the right to-
hang insane offenders conceded, there then follows, as a
corollary, the right in society to put them upon trial.

It is that question which may be said to be raised in
the Webber case, in which was thoroughly discussed for
the first time in the history of English criminal law the
right of a prisoner to have a preliminary trial of his
mental condition by a jury before trial upon an indict-
ment.

The facts of the case were as follows:

Oscar H. Webber, upon October 19th, 1887, in Phila-
delphia, was convicted of murder in the first degree, of
William H. Martin, and sentence of death pronounced
upon October 29, 1887.

His antecedents and prior life were reputable. His
father, Anthon Webber, was a native of Einsiedel,
Chemnitz, Saxony, where the prisoner was born, lived
with his parents until 1873, when he came to Philadel-
phia. Anthon Webber had been a well-to-do merchant
in Chemnitz, a celebrated woolen manufacturing town^
but failed in business in 1866. Until he became insane
the prisoner was the chief means of pecuniary support
of his parents and sister, having learned the trade of
machinist in Chemnitz, and being nineteen years of age
when he came to this country. His mother is still liv-
ing, but his father died in 1882, in a state of senile de-
mentia, in the sixty-seventh year of his age. The next
younger brother, Otlo E. Webber, is a photographer.

246 THE WEBBER MURDER CASE IN PHILADELPHIA. '

now residing in Lancaster, Pennsylvania, and came to
this country in 1878. His parents, sister Amelia and a
brother Paul were brought to this country by the pris-
oner in 1882. The sister is subject to hystero- epilepsy,
and Paul is a machinist in Philadelphia. The prisoner's
life, until after the fall of 1885, when he became insane,
was free from criminal influences or associations.

In the fall of 1885, however, evidences of mental de-
rangement were noticed by his employers, relatives, and
friends, from a change of character, and disposition
upon the trial. His wife testified to his insane suspi-
cions of her fidelity. He suspected that she chloroformed
him, and that when the effect of the drug was upon
him, received visits from her lovers. He believed that
he was pursued and persecuted by her and others who
wished to kill him. He became surly, morose, and sus-
picious of his fellow- workmen and of his brotheis, es-
pecially of Paul, who was living in Philadelphia. He
no longer was a steady workman at his trade, but in the
fall of 1885, dropping his old occupation, in which he had
acquired reputation and skill, and in which ho had made
money, he attempted to pursue several business schemes
in which he had no experience whatever. On January
31, 1886, he went with his wife to live at 1211 Mosely
Street. From that time mental derangement became
most marked. He was idle and improvident, rude and
surly to his mother, brutal to his wife, and threatening
to his brothers. His health became impaired and he was
subject to insane sensations of sight, hearing, and touch.
His family physicians. Dr. Lamparter and Dr. Githens,
and also Dr. Schrotz, the physician of his employer, Mr.
Miiller, testitied that he was insane. The same opinion
was given by his former employers, his friends, and
relatives.

THE WEBBER MURDER CASE IN PHILADELPHIA. 247

In September, 1886, his wife, acting upon the advice of
Dr. Githens, the family physician, left their home and
went to live with her father, resuming work at her
trade.

Seventeen witnesses, not including expert testimony,
were called upon the trial, who testified to the fact of
his insanity.

Upon December C, 1886, Webber shot and killed Will-
iam H. Martin, a jeweller. No. 1311 South Street, about
three o'clock in the afternoon, in his shop, in the pres-
ence of Martin's wife and daughter.

There was no sane motive whatsoever.

The details of the killing and the circumstances, all
tended to show his insanity.

When arrested and taken before a magistrate, he ad-
mitted the killing. The only witnesses called by the Com-
monwealth to rebut the overwhelming evidence of insan-
ity were the police officer who made the arrest, the mag-
istrate who committed him, a turnkey, the police lieu-
tenant of the district, and the deputy coroner who held
the inquest. Each of these witnesses saw him for a few
moments only and testified to his self-possession and
calmness, and formed the opinion from this fact alone,
and without knowledge of the man's prior history, that
he was sane.

From December 6, 1886, until October 17, 1887, the
day of the trial, the prisoner was in the Moyamensing
County Prison, and refused to consult with, or receive
the visits of his mother, wife, children, brother, friends,
former employer, Mr. Miiller, or the counsel appointed
by the Court to defend him.

The last interview with him was upon Wednesday,
October 12, preceeding his trial fixed for the following
Monday, October 17. There were present Drs. Lloyd

-248 THE WEBBER MURDER CASE IN PHILADELPHIA.

and Mills, one of the counsel, Dr. Butcher, the prison
physician, and another gentleman. Upon the trial it
was testified by Drs. Mills and Lloyd that he was then
insane, and incompetent to understand the nature of the
legal proceedings being taken against him. The facts
of that interview were given in detail, and were unde-
nied. The Commonwealth did not call Dr. Butcher to
rebut them, nor the other gentleman who was also pres-
ent ; nor any other person connected with the prison to
say that it was a case of simulated insanity, although
the prisoner was in confinement for a period of ten
months.

Webber was first arraigned upon January 5, 1887, and
refusing to answer directly, the clerk entered a plea of
not guilty, according to the provisions of an act of as-
sembly. Subsequently counsel were assigned to defend
him by the Court, who, after consultation with his
friends, and interviews with the prisoner, were of
opinion that he was insane, incompetent to plead, or to
understand legal proceedings.

Immediately, upon February 1, 1887, a motion was
made to the Court, on behalf of the prisoner, to withdraw
the plea of not guilty, and to proceed under the provi-
sions of the Criminal Code of March 31, 1860, Sec. 67, 1
Purdon's Digest, page 392, Sec. 72, which provides,
^^The same proceeding maybe had if any person in-
dicted for an offence shall, upon arraignment, be found
to be a lunatic, by a jury lavi^fully impanelled for the
purpose."

The motion of counsel to withdraw the plea of not
guilty was granted.

Subsequently, upon October 17, 1887, the record stand-
ing without an issue of any kind whatsoever framed
upon it, the case was called for trial.

THE Wfi:BBER MURDER CASE IN PHILADELPHIA. 249

Counsel immediately filed a motion for a stay of pro-
ceedings until the question of insanity be determined
under the act of June 13, 1836 (P. L. 592), providing for
the ordinary inquisition in lunacy. The motion was
refused and therefore they moved for a preliminary
hearing upon the question of present insanity, under the
act of March, 1800, Sec. 67, and filed of record a plea
or suggestion in the nature of a dilatory plea in abate-
ment of the action in a civil suit, that the prisoner was
insane and unable to plead.

Their motion having been refused by the court, upon
the ground that it was a matter within judicial discre-
tion, counsel offered to produce witnesses viva voce, or
affidavits in support of the averment of insanity con-
tained in the plea filed, and so inform the judicial
discretion. This motion was also refused.

No witness was called by the Court, nor the District
Attorney, to inform judicial discretion. In the sub-
sequent opinion of the Court in overruling the motion
for a new trial, and in arrest of judgment (44 Phila.
Leg. Int. 430), the Court say, ^' I had also the benefit of
the information of the physician of the prison, and
others to assist me in coming to that sound judgment
which it was my duty to exercise."

Who these persons were, or when they were exam-
ined, 01" whether they were sworn, or who examined
them, was not made public. The Court did not inform
its judicial discretion by the production of witnesses in
open court.

In the opinion referred to the Court also say, '^ Nearly
two hours were occupied in arguing and considering the
motion, during which time I had the opportunity of
observing the appearance and conduct of the prisioner,
and the attention he gave- to the proceedings."

250 THE WEBBER MURDER CASE IN PHILADELPHIA.

During the time mentioned, Webber was in a dock,
at a distance from the Bench at least of fifty feet, and
in front of the dock is a heavily ornamented iron railing,
so that it was impossible for the Judge to arrive at any
conclusion as to his mental condition, inasmuch as he
was seated behind the iron railing, impassible and silent^
and no personal examination was made.

Thereupon the Court, deciding against the fact alleged
of insanity, ordered him to be arraigned, and the indict-
ment was read to him, and being asked to say whether
he was guilty or not guilty, a:\swered : ^^ I do not con-
sider it necessary for me to do so. I do not consider
myself guilty of anything at all."

It was an indirect answer, and the plea of not guilty
should have been entered as under the statute, but the
Co irt directed it to ba entered simply as a plea of not
guilty.

The witnesses called to show insanity were the pris-
oner's former employers, Messrs. MuUer and Heaih ;
Dr. Schartz, who had prescribed for him at Mr. Muller's
request ; Drs. Lamparter and Githens, his former fam-
ily physicians ; Jos.- C. Winhostein, an acquaintance ;
the prisoner's two brothers ; his barber, mother, wife,
several women who had formerly been employed in
the same establishment with him ; a woman with whom
he had boarded, and a neighbor. These witnesses, other
than his immediate relations, had known him for
different periods of time, between fifteen and one or
two years, and had been during the time they had known
him constantly brought in contact with him. Two med-
ical experts also, Drs. Lloyd and Chas. K. Mills, testified
as to his insanity.

The evidence on behalf of the Commonwealth in
rebuttal of that of insanity was that of Deputy Coroner

THE WEBBER MURDER CASE IN PHILADELPHIA. 251

Thomas J. Powers who thought him sane, but vicious,
bad-tempered ; Magistrate WiUiam H. List, who also
thought him sane. Special Officer Murray, who also
thought him as sane as any man he ever spoke to, said
his manner was very quiet and self -possessed. ^'Talked
to me like any other prisoner. I have talked to a great
many that talk like him." Lieutenant Skilton, who
testified: '^I am the lieutenant of that district, and
was present when the prisoner was brought in.
I heard the questions asked him, and ordered him
searched. I saw no insanity. I took particular notice.
He never moved a muscle. He had a full box of cart-
ridges in his packet. He answered questions like other
people."

The Commonwealth in its argument to the jury upon
the facts intimated that it was another case of simula-
tion of insanity on the part of a vicious and bad-
tempered man to escape the just punishment of the
law ; and in its application of the legal rules as to
insanity as a defence for crime, the Court charged the
jury that as the evidence had not shown that the killing
was done in the line, or as the effect, of any insane de-
lusion, the plea of insanity was not a defence.

But it will be observed that the questions raised by the
record, preliminary to everything else, was of the pris-
oner's mental capacity to plead, challenge and defend
himself by proceedings concerning his life.'

A verdict of guilty of murder in the first degree was,
however, returned, and subsequently a motion for a new
trial and an arrest of judgment was overruled and judg-
ment pronounced.

A writ of error was therefore taken to the Supreme
Court, assigning for error, inter alia, the refusal to allow
the preliminary issue upon suggestion filed before and

252 THE WEBBER MURDER CASE IN PHILADELPHIA.

after the plea of ^'not guilty" was entered ; the refusal
to allow counsel to produce witnesses, viva voce or affi-
davit, to inform the judicial discretion m its decision
upon that suggestion ; that the judicial discretion was
informed from sources not made public ; that the pris-
oner was arraigned when there was upon record a
suggestion of insanity undisposed of by a jury ; and that
the trial and conviction was against the law of the land,
the prisoner being insane when called upon to plead.

It was also argued before the Supreme Court that the
disregard of the suggestion or information filed by the
Court of the insane condition of the prisoner, nullified
the constitutional provision that he is entitled to the
assistance of counsel. The knowledge of the fact of
insanity was confined alone to his counsel or his friends,
and when the suggestion was filed he was most in need
of the assistance of counsel, being at that stage of crimi-
nal procedure when he w^as about to be put into jeopardy.

The Supreme Court afterwards, upon March 19,
1888, affirmed the judgment of the lower Court, and in
its opinion says :

Opinion by Grekn, J., March 19, 1888.

Tlie question principally discussed in the case is a novel one. It does
not appear t > have ever been de:ermined or even presented in this court be-
fore.

Briefly stated it is this : Whether a defendant in a criminal case who
alleges his insanity at the time of arraignment, is entitled, as a matter of
legal right, to have a separate, independent and preliminary trial of that
question by a. jury specially impanelled for the purpose. It Is certainly the
fact that the 66th and 6Tth sections of our Criminal Code of 1860. are sub-
stantially, almost literally, taken from the English Statute of 39 and 40
Geo. III., 94, and that, under that statute, the English Criminal Courts d'>,
not infrequently, award preliminary issues to determine the sanity of pris-
oners by the verdict of a jury. The same is true of the practice in several
of our sister States. We have ex imined with much care the various author-
ities cited in the very able and exhaus'ive argument of the learned counsel
for the plaintiff in eiror, and we find that in all of them the inquest was
directed, generally by the Court of its own motion, and sometimes at the
instance of the Attorney-General, but always in cases where the appearance

THE WEBBER MURDER CASE IN PHILADELPHIA. 253

und actions of the prisoner were such as to manifestly indicate a condition
of insanity either real or siinuhited. In point of fact, the purpose of the
Inquiry was to inform the conscience of the Court as to the prisoner's real
condition at the time of the trial, but befon; the trial proceeded. There
was an obvious propriety in directing an inquiry by the verdict of a jury in
all sucii cases, because the fact itself required determination before any fur-
thei' proceedini^s were had, if there was probable ground for belief that a
conrlition of insanity existed. If, upon an examination of the prisoner,
there was no apparent reason to suppose him insane, but, on the contrary,
he seemed quite capab'e of p'eading to the indictment, there was no neces-
sity for a prelimiiiiry trial, bee luse every right to set up insanity, either
wlien the offence was committed or at the time of the trial, still remained,
and could be thoroui^ldy tried by the jury who were to try the indictment.

The existence of the doubt as to the prisoner's present insanity is a mat-
ter which, by the very necessity of the case, could only be determined by
the court itself. Up to the time of pleading there is no other tribunal
which has the prisoner in charge, and there is no other which can say
whether there is a doubt upon that subject. It is one of the functions which
must be entrusted to the court, and it is not to be presumed that it will in
any case be abused. If it should be, there is still the remedy available in
all cases where abuse of discretion has taken place.

In the case of Freeman v. the People, 4 Denio, 9, cited for the plaintiff
in error, the question arose upon a section of the code which provides: "No
insane person can be tried, sentenced to any punishment or punished for
any crime, while he continues in that stat»^." The Court said : " The stat-
ute is explicit that ' no insane person can be tried,' but it does not state in
what manner the fact of insanity shall be ascertained. That is left as at
-common law, and although, in the discretion of the Court, other modes than
that of trial by jury may be resorted to, still in important cases that is
regarded as the most discreet and proper course to be adopted.

In the case of Jones v. The State, 13 Ala., 157, the Court said : " But in
the case before us the judge did not see proper to test the prisoner's sanity
by a preliminary inquiry to ascertain whether he was capable of pleading
to the indictment or not. He did plead, and a trial and conviction was the
result. Although we are of opinion that the facts disclosed in the bill of
•exceptions might well have warranted the preliminary inquiry as to the
prisoner's mental condition, yet this must be left to the sound discretion of
the Court below."

In State vs. Arnold, 12 Iowa, 4S3, the Court said : "The Court is to
inquire into the prisoner's mental condition at the time he appears for
arraignment. In determining: whether a reasonable doubt exists as to his
sanity before empanelling a jury, the judge is not confined alone to the case
mii 3 by the counsel « * * but m ly, in his discretion, investigate the
whole matter, and determine whether the necessity exists for the inquiry.
But the inquiry should not be allowed 'f, from all the circumstances, he has
no reason to doubt his sanity." The foregoing was said in construing a
statute in the State of Iowa, which provided that there should be no trial if
there was a doubt whether or not the prisoner be insane.

In Hawkins' Pleas of the Crown, 3, the writer says: " And by the com-

254 THE WEBBER MURDER CASE IN PHILADELPAIA.

mon law, if it be doubtful whether a criminal who, at his trial, is in appear-
ance a lunatic, be such in truth or not, it shall be tried by an inquest of
office, to be returned by the sheriff of the county wherein the Court sits."

The foregoing are the only text books and reports of cases which we
have met with, in which the subject we are considering has been discussed
or decided, and they all concur substantially in the proposition that it is
only in cases of doubt as to the sanity of the prisoner upon arraignment,
that a preliminary inquiry is to be ordered. This being so, it is manifest
that neither the assertion of the prisoner or his counsel, nor, the production
of affidavits, nor the entering of a p'ea of present insanity upon the record,
can of themselves alone suffice to produce the state of- doubt, which is a
necessary prerequisite to the ordering of the inquiry. They are all neces-
sarily addressed to the Court, and there is no other tribunal to entertain
them, and it is the Court, after all, which must be affected by the various
considerations which are supposed lo, or in fact do produce the doubt
which must precede any order for an inquiry. It follows, of course, that
other considerations than those stated may affect the judicial mind and
induce the existence of a doubt. A personal inspection of the prisoner, an
examination of liim, whether public or private, inquiry from an attending
physician, or from those around the prisoner who have means of knowledge.

All of these, and doubtless other facts or testimony, may contribute to
the creation of doubt in the mind of the judge, and, for that reason, all may
be resorted to, but if, after all have transpired, the judge has no doubt of
the prisoner's sanity, he is neither bound, nor would he be justified in
ordering an inquest. It is the judicial conscience alone which can deter-
mine this question. And it is that conscience only which mu«t be informed
BO that it may act intelligently. These views dispose of the question. The
absolute right of the prisoner to have the question of his sanity tried by a
jury is not at all affected.

The judgment of the Court of Oyer and Terminer of Philadelphia
County was affirmed, and it is ordered that the record be remitted to said
Court for the purpose of carrying the sentence into executiot).

A dissenting opinion was, however, also filed by Stehkett, J., as fol-
lows :

" Being in accord with a majority of my brethren, except as to certain
specifications of error which in my humble opinion imperatively demand a
reversal of the judgment, I propose to address myself, as briefly as possible,
to the general question involved in those specifications, viz.: Did the
learned judge of the Oyer and Terminer err in either of his rulings relating
to the application of prisoner's counsel for a preliminary inquiry, such as is
contemplated by the first clause of the 67th section of our Criminal Pro-
cedure Act, to determine ' by a jury lawfully impanelled for the purpose,'
whether the prisoner was, at the time of his arraignment, a lunatic or not ?

If it were not for what I conceive to be manifest error in the rulings of
the learn^'d judge in that regard, especially his refusal to even hear any
evidence in support of the application, I would be in favor of affirming the
judgment ; but, with these radical errors patent upon the face of the record,
resulting, as I believe, in an improper conviction of the prisoner, who,
according to the weight of evidence, was insane when he was compelled

THE WEBBER MURDER CASE IN PHILADELPHIA. 255

to plead to the indictment, and probably in the same condition of mind
when he committed the homicide, I am constrained to dissent and put on
record my reasons for so doing.

I have no sympathy whatever with the pettifog^ring and groundless
defences of insanity that are too often interposed to shield tlie guilty from
merited punishment ; but the case at the bar is not one of that class, as the
evidence, which the learned counsel, by their diligence, unaided by the
prisoner, were able to adduce on the trial, ^^ill show. That evidence tends
to prove that, before the marked change in his mental condition oc^^urred,
and he became the victim of delusions, the prisoner was peaceable, indus-
trious and thrifty ; a kind and affectionate sou, husband and father, exem-
plary in all the relations of life."

The learned judge then gave copious extracts from
the evidence, showing his insane conduct and action, and
observed:

This is the general character of the evidence with which prisoner's coun-
sel were prepared to support their application for a preliminary inquiry m
to his insanity at the time he was arraigned, and the kind of evidence the
learned judge resolutely refused even to hear, either in the form of affida-
vits or by examination of the witnesses in open court. If that was an exer-
cise of sound judicial disicretion, it would be difficult indeed to say what,
in a legal sense, constitutes abuse of discretion.

The 66th section of the Act referred to provides for cases in which the
jury, by their verdict, finds specially that the prisoner was insane when he
committed the crime charged in the indictment, and is acquitted by them
on the ground of such insanity, and empowers the Court to order him to be
kept in close custody so long as he shall continue to be of unsound mind.

The first clause of the next section under which the application in ques-
tion was made, provides : " The same proceedings may be had if any person
indicted for an offence shall, upon arraignment, be found to be a lunatic by
a jury lawfully impanelled for the purpose. The last clause of the same
section provides for the case of a prisoner who has gone to trial without
such preliminary inquiry as is contemplated by the first clause. If the jury
find by their verdict that he is then insane, the court shall direct such find-
ing to be recorded, and order him to be kept in close custody, «S:c.

These provisions, substantially copied from the Englsh Act 39 and 40,
Geo. Ill, Chap. 94, were first enacted by our Legislature in 1836, and after-
wards embodied in our Criminal Code of 1860. It is conceded the English
courts frequently award preliminary issues to determine, by the verdict of
a jury, the sanity of prisoners when arraigned on indictment, and the same
practice prevails in several of our sister States whose legislation on the sub-
ject is similar to our own. * * -x- * *

Granting that it is discretionary with the trial judge to award or refuse
the preliminary inquiry contemplated by the first clause of the 67th section,
above quoted, it must, of course, be understood to mean a sound, legal dis-
cretion, not an arbitrary or unreasonable exercise of judicial power ; nor
can it be the preconceived opinion, however strong, of a judge who refuses

256 THE WEBBER MURDER CASE IN PHILADELPHIA.

to hear evidence tending to show that the application is meritorious and not
frivolous. If it is the " judicial conscience alone" that must be enlightened
so that it can act intelligently, it would seem to follow that affidavits and
.oral testimony of witnesses in open court, calculated to shed light on the
subject, should not be waived aside as unworthy of even being heard. That
is sibstantially what was done in this case, as abundantly appears by the
bill of exceptions.

The c ise of Webber indicates how far modern criminal
procedure has escaped from the common law rule that
no insane person shall be tried, sentenced or hung. One
of the earliest writers is Sir Edward Cooke (1550-1634),
when the character of the criminal procedure of his time
is, perhaps, illustrated by the familiar trial of Mary
Queen of Scots, who was condemned in the obscure
castle of Fotheringay in 1586. The judgment was ren-
dered against her by a commission which was without
legal authority to deprive a prisoner of life, and com-
posed of Lord Burleigh and other ministers of the
Crown. No notice was given her of the intended trial
and examination nor counsel procured to defend her,
and the proceedings were conducted without the obser-
vation of the most ordinary f .)rms of a trial. In 1592
Lord Coke was in Parliament with the reputation of be-
ing a high prerogative lawyer, and afterwards, with
coarseness and unfeeling abuse, as attorney-general to
EUzabeth, in 1600, conducted the trials of Essex and
Southampton in Westminster Hall, for high treason.
So also in the famous trial of Sir Walter Raleigh, in
1603, for high treason.

His savage temper, unchecked by the Court, gave occa-
sion to scenes of brutality unequalled in the reports of
the State trials. Yet in writing upon the chapter of
*^ High Treason,'' about the year 1625, Lord Coke
said :*

*3 Inst., fig. 4.

THE WEBBER MURDER CASE IN PHILADELPHIA. 257

A maa that is non compos mentis, or an infant within the age of discretion
is not {an home) within this Statute, for the principal end of punishment is,
that others by his example may fear to offend, ut poena ad pancos^ metus ad
omnes per Denial; but such punishment can be no example to madmen or in-
fants that are not of the age of discretion. And God forbid that in cases so
penal, the law should not be certain ; and if it be certain in case of murder,
and felony, a fortiori, it ought to be certain in case of treason.

If a man commit treason or felony and confesseth the same, or be thereof
otherwise convict, if afterwards he become de non sane memorie {qui potilur
exilium mentis), he shall not be called to answer ; or if after judgment he
become de non sane memorie, he shall not be executed, for it cannot be an
example to others.

In the political and religious persecutions of the reigns
of Charles II. and James II., this rule was followed, which
was supposed to recognize humane sentiments in not
permitting insane persons to be put upon trial for their
lives ; and criminal procedure as administered by Hyde,
Scroggs, Kelyng and Jeffries respected it. even in times
when witnesses, in giving their testimony, did not con-
front the prisoner, when the originals of documents were
not required to be produced, and when there was no
indictment nor right of appeal. Sir Matthew Hale who,
at Suffolk, in 1665, in accordance with the law of the
age, presided over the trial and condemnation of an un-
fortunate woman, accused of witchcraft, afterwards
states the rule in the following language : *'^If a man in
his sound memory commits a capital offence, and before
his arraignment he becomes absolutely mad, he ought
not by law to be arraigned during such his phrenzy, but
be remitted to prison until that incapacity be removed ;
the reason is, because he cannot advisedly plead to the
indictment ; and this holds as \\ ell in cases of treason, as
felony, even though the delinquent in his sound mind
was examined and confessed the offence before his ar-
raignment. "

* Pleas of the Crown (1680), p. 35.

258 THE WEBBER MURDER CASE IN PHILADELPHIA.

The first reported preliminary trial of insanity* was in
1685, and so oppressive was the criminal procedure of
the date that during the trial of Lord Eussell his wife
was driven from the court-room by the tipstaves because
she persisted in prompting her husband how to cross-
examine one of the informers used by the Crown to
show that he was committing perjury.

Another common law authority saysif "By the
common law, if it be doubtful whether a criminal
who at his trial is in appearance a lunatic, be such in
truth or not, it shall be tried by an inquest of office, to
be returned by the sheriff of the county wherein the
Court sits ; and if it be found by them that the party
only feign himself mad, and he still refuse to answer,
he shall be dealt with as one that stands mute."

Afterwards in 1765 Blackstone announced the rule in
the following sentence ::{: "Also, if a man in his sound
memory commits a capital offence, and before arraign-
ment for it he becomes mad, he ought not to be ar-
raigned for it, because he is not able to plead to it with
that advice and caution that he ought. And if, after
he has pleaded, the prisoner becomes mad, he shall not
be tried ; for how can he make his defence ? If, after he
be tried and found guilty, he loses his senses before judg-
ment, judgment shall not be pronounced ; and if after
judgment he becomes of non-sane memory, execution
shall be stayed ; for peradventure, says the humanity of
the English law, had the prisoner been of sound memory,
he might have alleged something in stay of judgment or
execution.''

And again in 1790 || the right to a preliminary trial was

* Charles Batemon, 11 St. Tr. 473.

f 1 Hawkin'sP. C, p. 3.

X4c Blackstone, 24.

I Rex. Frith 22 St. Tr. 310.

THE WEBBER MURDER CASE IN PHILADELPHIA. 259

applied ; and ten years later the common law rule that
no insane man shall be put upon trial appeared upon the
English Statue Books in the Act of 39 and 40 Geo. III. c.
94, the history of which is as follows : In May, 1800, the
attempt was made by Hadlield to shoot King George
the Third, in Drury Lane Theatre. He was tried in
June, 1800. Lord Chief Justice Kenyon presided ; and
among the counsel for the Crown, were Attorney- Gen-
eral Sir John Mitford, afterwards Lord Redesdale, So-
licitor-General Sir Wm. Grant, and also Mr. Law, after-
wards Lord Ellenborough. Among the counsel for the
prisoner were Lord Erskine and Serg. Best. *

The evidence of insanity having been presented on the
trial, the prosecution was abandoned, and the jury was
directed to acquit the prisoner on the ground of insanity.
A discussion then arose (the prisoner, Hadfield, having
been shown to be a lunatic with homicidal impulse) as
to what should be done with him. It was doubtful if at
common law there was jurisdiction in a Court of Oyer
and Terminer to confine a prisoner after acquittal, even
if insane. Therefore, to meet the difficulty, on June >50,
1800, in the House of Commons, an act was introduced
by the Attorney- General, Sir John Mitford, which
became known as the "Insane Offenders' Bill," the
debate upon which was taken part in by Mr. Pitt,t and
which became the 39 and 40 Geo. III. c. 94 (28 July,
1800), the second section of which reads as follows :

*'Sec. 2. And be it further enacted, that if any person indicted for any
offence shall be insane, and shall, upon arraignment, be found so to be
by a jury lawfully impanelled for that purpose, so that such person cannot
be tried upon such indictment, or if upon the trial of any person so in-
dicted, such person shall appear to the jury charged with such indictment,
to be insane, it shall be lawful for the Court before whom any such person
shall be brought to be arraigned or tried as aforesaid to direct such finding

• See Rex vs. Hadfield, 27 St. Tr. 1282.
fSee 35 Hansard's Pari. Hist.," p. 386.

260 THE WEBBER MURDER CASE IN PHILADELrHIA.

to be recorded, and thereupon to order such person to be kept in strict
custody until His Majesty's pleasure shall be known ; and if any person
charged with any offence shall be brought to any court to be discharged for
want of prosecution, and such person shall appear to be insane, it shall be
lawful for such Court to order a jury to be impanelled to try the sanity of
such person ; and if a jury so impanelled shall find such person to be
insane, it shall be lawful for such Court to order such person to be kept in
strict custody, in such place and in such manner as to such Court shall
seem fit, until His Majesty's pleasure shall be known ; and in all cases of
insanity so found, it shall be lawful for His Majesty to give such order for
the safe custody of such person so found to be insane, during his pleasure,
in such place and in such manner as to His Majesty shall seem fit."

The preamble and first section of the Act are as fol-
lows :

Whereas, persons charged with high treason, murder, or felony may
have been or may be of unsounc* mind at the time of committing the of-
fence wherewith they may have been or may be charged, and by reason
of such insanity may have been or may be found not guilty of such of-
fence, and it may be dangerous to permit persons so acquitted to go at
large. Be it therefore enacted by the King's most excellent Majesty, by
and with the consent of the lords, spiritual and temporal, and commons
in this present parliament assembled, and by the authority of the same,
that in all cases where it shall be given in evidence upon the trial of any
person charged with treason, murder, or felony, that such person was in-
sane at the time of the commission of such offence, and that such person
shall be acquitted, the jury shall be required to find specially whether
such person was insane at the time of the commission of such offence,
and to declare whether such person was acquitted by them on account
of such insanity ; and if they shall find that such person was insane at
the time of committing such offence, the Court b^^fore whom such trial
shall be had, shall order such person to be kept in strict custody ,in
such place and in such manner as to the Court shall seem fit, until His
Majesty's pleasure shall be known ; and it shall thereupon be lawful for
His Majesty to give such order for the safe custody of such person dur-
ing his pleasure, in such place and in such manner as to His Majesty
shall seem fit ; and in all cases where any person, before the passing of
this act, has been acquitted of any such offences on the ground of in-
sanity at the time of the commission thereof, and has been detained in cus-
tody as a dangerous person by order of the Court before whom such per-
son has been tried and still remains in custody, it shall be lawful for His
Miijesty to give the like order for the safe custody of such per-on dur-
ing his pleasure, as his Majesty is hereby enabled to give in the cases
of persons who shall hereafter be acquitted on the ground of insanity.

This act is the foundation for the legislation upon the
subject of insanity in relation to criminal law. Its

THE WEBBER MURDER CASE IN PHILADELPHIA. 261

provisions have been substantially repeated in almost
all of the American States.

Their respective statutes provide both for the trial of
the question of ability to plead before the prisoner is
put upon trial for the crime alleged, and also for the
determination of the question of insanity after convic-
tion in order to prevent execution. In the majority of
the States the mental condition, either before or after
trial, is determined by a jury, but in five : Iowa, Minne-
sota, Massachusetts, Michigan, and New York, it is
passed upon by a commission of experts appointed by
the Court.

The repeated and fruitless efforts made by Webber's
counsel to inform the conscience of the Common-
wealth of the prisioner's insane condition, lest a de-
fenceless man should be be put upon trial for his life,
a' )pear in the opinions of the Supreme Court to which
reference has been made (which are too lengthy to give
in full in such a paper as this). It is noticeable that the
provisions of the American statutes, copied from the
Act of Parliament referred to, require much less effort.
In some States if it shall appear to the Court that the
prisoner is insane, the proceedings to determine the
question shall thereupon be taken.*

In others, notice in writing need only be given by any
citizen to the sheriff or jailer, and he shall forthwith
summon a jury to try the question, f

Again, if he shall appear to be insane from the certifi-
cate of the grand jury or otherwise.:}:

Or, if the Court shall be of opinion that there are
reasonable grounds to doubt his sanity. ||

•Maryland. Michigan. New York. New Jersey,
t Ohio. Iowa. Texas.

tVirgiaia Code, 1873. Ch. 201. Sec. 14. West Virginia : R. S. 1879.
Ch. 54. Sec. 13.
I Arkansas, 1883. 1838. Kentucky. Iowa. Virginia. West Virginia.

262 THE WEBBER MURDER CASE IN PHILADELPHIA.

Or, if a doubt arises as to the sanity.*

Or, if it shall be suggested to the Court.f

Then, in any of these cases, the prehminary issues

shall be decided.
In Minnesota, the opinion of warden of prison or

board of inspectors.
And in Ohio, the certificate of reliable physicians is

all that is necessary.

* California : Code of 1876, Sec, 14. 368. Dakota. Idaho. Utah.
■)• North Carolina. Ohio. Wisconsin.

THE '' RIGHT AND WRONG " TEST OF IN-
SANITY.

Its Untrustworthiness Aptly Illustrated in the Case of

THE PEOPLE OF MICHIGAN VS. REINER.

By T. R. Buckham, M.D., Flint, Michigan.

One night, about six months ago, a horse, buggy and
harness were stolen from a farmer in Genesee County,
Michigan.

The several articles were traced, and subsequently it
was proved that they had been taken and disposed of by
the Rev. Christian Reiner, who resided about thirty miles
from the place from which the property was taken.
Reiner was arrested and lodged in Genesee County Jail.

Considerable cunning was shown to have been exhib-
ited by Reiner in taking and disposing of the articles
stolen.

From the assertion made by the prisoner that one of
his lungs was sponge, and from eccentricities observed in
his behavior, the Prosecuting Attorney, Hon. Ed. S. Lee,
directed the writer and another physician to examine said
prisoner as to his mental condition. No reliable evidence
either for or against hereditary insanity could be ob-
tained. Both physicians undertook the task expecting
to find an educated, intelligent man feigning insanity to
shield him from the penalty due him for theft, but after
a few visits and careful examinations of the prisoner,
both physicians became fully convinced that Reiner was
not legally responsible by reason of insanity.

To guard against the possibility of error in their diag-

264 THE "right and wrong" test of insanity.

nosis, however, the visits and examinations were con-
tinued, at intervals, for six weeks, until the time of the
trial, the prisoner all the while indignantly repudiating
the allegation that he was insane.

During the trial, which, viewed from the legal stand-
point, was a fair one, the taking and disposing of the
stolen goods were clearly traced to the prisoner, his only
defence heing insanity conducted by J. H. Hicock, Esq.
The Prosecuting Attorney himself, satisfied that in a
general sense Reiner was not sane, very fairly and ably
presented the case, but being hampered by the definition
of legal insanity, as promulgated by the Supreme Court
of this State, 'Hhat if the prisoner at the time of doing
the act, comprehended the nature of the act he was
doing, and could distinguish between right and wrong,
and that the act was wrong, he must be held guilty,"
urged Eeiner's conviction on the ground that his mental
aberration did not amount to legal insanity, tried by the
legal test of this State.

Previous good character and conduct, both as a man
and as a Christian minister, were established for Reiner
until 1886, at which time he had voluntarily resigned his
pastorate and his position in the Synod as a minister.
The physicians who had examined him both testified
that he was not now legally responsible because of insan-
ity, nor was he at the time the goods were taken.

Under the ruling of the Supreme Court, the charge of
the trial Judge, Hon. Wm. Newton, was a fair one, but
he, too, had to insist upon the "right and wrong" cri-
terion, of insanity, according to the ruling of the Supreme
Court. The jury returned a verdict of guilty, the only
one that could reasonably have been expected under the
interpretation of the law as charged by the Judge.

Mark the sequel : — Under the legal test of insanity

THE ''right and WRONG" TEST OF INSANITY. 265

as promulgated by the Supreme Court of this State,
Christian Reiner, after a fair trial, was declared a
horse-thief, was declared not insane. His avocation had
been a teacher of religion, a minister of that Christianity
which says ' ' Thou shalt not steal, " and if he was sane
he certainly deserved the full penalty of the law for the
crime of which he had been convicted ; but instead,
prompted by humanity, the Judge delayed passing sen-
tence from day to day until the last day of term, and
then further postponed passing sentence till the Novem-
ber Term, urging the Sheriff to use the prisoner well
in the meantime.

Sheriff McCall had testified at the trial that he thought
Eeiner " somewhat out of his head," off his mental bal-
ance, ''odd," *'ecceniric," etc , and he at once gave a
startling effect to the recommendation of the Judge by
allowing him the freedom of the jail- yard, which has
no wall around it, indeed is only partly enclosed by a
picket -fence, and the gates, where there is a fence, are
never fastened. Truly a marvellously generous treat-
ment of, and an equally marvellous confidence in a sane
convicted felon ! Possibly it is of little importance that
the Judge, Prosecuting- Attorney and Sheriff, all believed
Reiner to be insane in every sense but a legal one. They
forgot, however, that as a matter of fact a man is either
insane or he is sane, and "that cannot be true in lata
which is false in fact." They appear to think that the
legal test of insanity, untrustworthy as it has been
shown to be, time and again, must be maintained, and in
its maintenance it seems to be unimportant whether it is
true or false in fact.

For about a week Reiner was allowed the freedom of
the jail-yard, but then the Sheriff had to abridge his lib-
erty, not because the convict had made any attempt to

^66 THE *' RIGHT AND WRONG" TEST OF INSANITY.

escape, notwithstanding the facility afforded, but because
he, the Sheriff, thought it unsafe for him to be at large,
and yesterday he made application to the Judge of Pro-
bate, Hon. H. R. Lovel, to have him sent to the Eastern
Michigan Asylum for Insane. The experts who testified
before the Circuit Judge were again called by the Judge
of Probate, but this time only pro forma, as poor
Reiner's pitiful case did not now require the ^^ special
skill " of the expert to determine his condition. It was
abundantly evident to the Judge, court-officers and
spectators that Reiner was insane, and the prayer of the
Sheriff's application was immediately granted, and to-
day Reiner is an inmate of the Eastern Insane Asylum,
notwithstanding the fact that, tried by the ^' tests ^^ of our
Supreme Court, he is not insane.

The record of the above case, in the light of science, is
painfully humiliating to the jurisprudence of insanity
of our State. Both the judges mentioned are sworn to
faithfully administer the law, id est, to administer the
laws as interpreted by the Supreme Court of this State,
and yet both of these upright, conscientious judges, im-
pelled by the promptings of humanity, have either tacitly
or actively aided in violating the law which they were
sworn to faithfully administer, by sending a sane felon
to an Insane Asylum instead of to a criminal prison, and
all this, lest the legal fiction, incorrectly pronounced to
he a true test of insanity by the Supreme Court of the
State, should be repudiated as only less vicious than un-
scientific and absurd.

SHOULD INEBRIATES BE PUNISHED BY
DEATH FOR CRIME?*

By T. D. Crothers, M. D., of Hartford, Conn.

It is a common error to suppose that law and its prac-
tice, and the facts and theories of science generally ac-
cepted to-day, are final and fixed truths. The fact is not
often recognized that theories, creeds and laws, and their
application to the events of life, are only human concep-
tions of truth. Hence the demand for change and re-
adjustment of the relations of life to conform to the
new truths and new facts constantly appearing. When-
ever human conduct, thought, and law fails to adapt
itself to these new conceptions of life, great injury and
loss follow.

The treatment of insanity, medically and legally, has
totally changed from the past century. A better knowl-
edge of such cases has demanded an adjustment of
theory and practice to conform to the new views. The
armies of the lawless and defective are no longer con-
cealed by the fogs of superstition. Their origin and
march are growing more and more distinct with every
advance of the age. The hosts of the insane have been
outlined and traced ; the idiot has appeared as a growth
from distinct causes ; the epileptic has emerged from
the theory of being possessed with an evil spirit ; crimi-
nals are found who are not deceitful and desperately
wicked, but the direct products of conditions of life and
living ; the inebriate, who for ages has been the subject
of ridicule and punishment, comes into view as defective

* Read before the Medico-Legal Society, September, 1888.

208 SHOULD INEBRIATES BE PUNISHED

and diseased. Thus from the front lines of advance
come new facts, new views, requiring new laws, new
adjustments of the theory and practice of yesterday to
meet the clearer, wider knowledge of to-day. The
farmer must put aside the old implements of his fathers;
the merchant must use the telegraph and telephone be-
cause correspondence is too slow ; the practice of the
courts, the theory and treatment of diseases, the teaching
from the pulpit, are all changing. The spirit of the age
questions and demands reasons for the theories and
practices of to-day. It inquires if our methods and
theories are destructive or obstructive in the race march
from the lower to the higher. My purpose is to show
that the death penalty, as a means of punishment for
inebriates, is opposed by all teachings of science and
experience, and should be superseded by other means-
based on a more accurate knowledge.

An outline view of the present legal methods of deal-
ing with inebriates who commit petty crime will make
clear both the destruction and obstruction which follow
from the failure to comprehend and utilize the facts
which science and experience teach.

Of the estimated half million inebriates in this country,
ten per cent, are yearly convicted of crime of all degrees.
Of this number, two per cent, commit capital crime, and
one per cent, of this number, or about one hundred per-
sons, are executed every year. These statistics are only
approximate estimates, but they illustrate in a general
way the extent of inebriety, and how far the courts are
called to restrain and check it. A study of the local
statistics shows that in every town and city of this coun-
try a large part of the business of courts of justice is the
legal punishment of inebriates. The inmates of jails
and prisons who are inebriates are variously estimated

BY DEATH FOR CRIME ? 269

from fifty to eighty per cent, of the whole number.
Year after year the courts administer the same treat-
ment of fine and imprisonment for both inebriety and
crime and yet the number of inebriates is increasing.
When this fact is studied, it appears that a species of
fatahty seems to follow the first legal punishment of
inebriates, seen in a repetition of the same offence and
the same punishment, with an ever increasing frequency.
In the courts these are called '^ repeaters," and the
number of sentences of the same man for the same
crime in some cases extends into the hundreds. In one
thousand cases confined to Blackwell's Island^ nine
hundred and thirty- five had been sentenced for the same
offence from one to twenty-eight times before. This
fatality seems to start with the first sentence and pun-
ishment ; and the victim is precipitated lower and lower,
becoming more degenerated and incapacitated, until
finally death follows in prison, the insane asylum, or
alms-house.

The natural history of such cases is continuous pun-
ishment for inebriety, assault, theft, burglary, and petty
crime, and finally murder. Each period of punishment
is followed by the same or more aggravated crime. The
intent and purpose of the law is defeated, and this
means of treatment both directly and indirectly increases
crime and prepares the inebriate for worse and more
hopeless states. The courts and prison officials are
powerless, public opinion sustains the law and demands
its execution irrespective of all consequences. The
poor victims punished to-day reappear to-morrow, under
arrest ft r the same or a worse crime. The severity of
the punishment makes no difference. The inebriate
who, under the influence of alcohol, commits assault
to-day, will do so to-morrow, and next year, and so on.

270 SHOULD INEBRIATES BE PUNISHED

as long as his inebriety continues. No legal punishment
of fines and imprisonment can stop him. These facts
are sustained by the experience of all courts and prison
officials. They are also equally true in the death punish-
ment of inebriates for crime.

When the crime is the direct or indirect result of in-
ebriety, it is only the natural outcome or logical result
of conditions of brain disorder and surroundings. The
assumption that inebriety is always a voluntary con-
dition within the control of the person, is a most fatal
error. On this error is based the death penalty. Its
practical failure is apparent in the increase of capital
crime by inebriates. The inebriate who has been ar-
rested for petty crime while intoxicated many times
before, finally commits murder in the same condition,
and is executed. His friends and companions do the
same thing and suffer the same penalty. Thus one
brutal murder committed in a state of intoxication is
followed by another equally brutal, and the execution of
the murderer makes no diminution in the number of
similar crimes that follow. In every daily paper appear
records of the same murders by inebriates under the
same circumstances. A wave of public vengeance may
dispose of the criminal by lynch law, or only be satisfied
when he is hung, but the same murders are committed
again by the same class of men. This is only the repe-
tition of the same blunder of fining and imprisoning
inebriates for inebriety and petty crime. In both cases the
victims are destroyed and similar offences are increased
rather than diminished. In one case imprisonment and
fines make the inebriate more incurable and less capable
of change of life and living ; in the other, the execution
of the inebriate leaves a brutalizing, combative influence
and a form of contagious glamor that defective brains

BY DEATH FOR CRIME ? 271

are powerless to resist. These are the facts which ex-
perience and observation fully confirm, and which the
latest teachings of science explain and poinb out.

To-day it is shown that the action of alchohol on the
brain and nervous system is anaesthetic and paralyzant.
The use of alcohol to excess at intervals or continuously
always numbs and paralyzes the higher operations ol
the brain ; the over- stimulated heart reacts and depres-
sion and feebleness follow. All the senses are disturbed
and become more or less incapable of transmitting the
impressions which are received. The brain is incapable
of accurately comprehending the nature of acts and the
relation of surroundings when under the influence of al-
cohol. The palsy which follows from this drug masks
all brain action. Delusions of vigor and strength appear ;
events and their consequences and motive and conduct
are all exaggerated, misconceived, and misinterpreted,
and the brain is unable to correct them. The pronounced
delusions, illusions, delirium, mania, imbecility, and
stupor seen in states of intoxication are only the ad-
vanced stages of brain conditions which begin with the
first glass of spirits. The early changed conduct and
speech of men who use spirits are the first symptoms of
the paralyzing action of alcohol. More spirits are fol-
lowed by more paralysis, and finally all judgment and
experience and all distinctions of right and wrong, of
duty and obligation, are confused and unreal. The sup-
posed brilliancy which follows from the use of spirits is
unreal and transient, — it is the glamour of the mind
which has lost its balance and is unable to correct itself.
No other drugs are known whose paralyzing effects on
the higher brain centers are so positive and insidious.
The inebriate and moderate drinker have always im-
paired brain force and nerve power. The automatic

272 SHOULD INEBRIATES BE PUNISHED

nature of their life and brain- work may cover up this
fact ; but change the surroundings and demands on the
brain, and its incapacity appears. Every toxic state
from alcohol more or less permanently impresses and
debilitates brain integrity.

The fear of the law and consequences of acts make
little impression in such cases. The brain is anaesthetized
and crippled, and cannot realize events and their nature
and consequences. The crime committed by an inebriate
cannot be the act of a healthy brain. The more pro-
nounced his inebriety and the longer its duration, the
more positive the disease and incompetency to reason
and control his acts. The effort to fix a point in all dis-
puted cases where sanity and responsibility joins insan-
ity and irresponsibility is an impossibility which every
advance of science demonstrates. It is equally impossi-
ble to use alcohol to excess for years and have a sound,
normal brain. It is impossible in such a case to fully
realize the nature and consequence of acts and obliga-
tions. It is a legal fiction to suppose that a crime com-
mitted while under the influence of alcohol was the vol-
untary act of a sane man. It is a legal fiction to sup-
pose that a sane man would plan a crime, then become
intoxicated for the purpose of executing it. It is a legal
fiction to suppose that premeditation in crime committed
by inebriates is evidence of sanity and consciousness of
his acts. These are some of the facts of science which
brings additional evidence of the error of capital punish-
ment in such cases.

A study of the crime committed by inebriates amply
confirms the facts of brain incapacity and disease. Thus
in cases of capital crime by inebriates, delusions, illu-
sions, morbid impulses, and epileptic explosions are com-
mon symptoms. In many cases capital crime is the re-

BY DEATH FOR CRIME ? 273

suit of peculiar circumstances and sudden strains on the
enfeebled brain, or the possession of a morbid impulse,
a delusion or illusion that suddenly dominates the mind ;
also epileptic explosions, that are real attacks of maniacal
fury and unreasoning. Alcoholic somnambulism or trance
is present in many cases. The mind in these cases is ob-
livious to all outside influences or considerations and is
subject to every passing impulse that may come from
either external, or internal causes. At the time no gen-
eral indications of unconsciousness may be present, yet
a certain automatic line of conduct and history of crime
give clear hints of brain enfeeblement. All crime by in-
ebriates will be found associated with concealed or open
delusions, morbid and epileptic impulses, and sense de-
ceptions. In all these cases the brain is unsound and
cannot act rationally and clearly. There are present in
these cases either insanity of inebriety or the inebriety
of insanity. The inebriety of the prisoner has merged
into insanity, or some concealed insanity or brain degen-
eration has developed into inebriety or dipsomania. The
death penalty to such cases has no horrors. It is rather
welcomed. The struggle for life is the attractive pub-
licity that makes a hero of the man, and the mystery of
the end of life intensifies the interest to the last moment.
A summary of the facts we have outlined would sus-
tain the following statements : —

1. The legal treatment of insanity has changed in obe-
dience to a more accurate knowledge of the brain and
its diseases.

2. The legal treatment of inebriety is unchanged to-
day. Although it occupies two-thirds of the time of
courts, all teachings of science and a larger knowledge of
the inebriate and his malady are ignored.

3. The ruinous error of punishment by fines and im-

274 SHOULD INEBRIATES BE PUNISHED

prisonment of inebriety, and petty crimes associated
with it, which notoriously increases and perpetuates
the inebriate and criminal, is a fact demonstrable in
every community.

4. Thus public opinion, through mediaeval theories
and laws, are training and preparing a class of inebriates
who first commit petty, then capital crime, with a cer-^
tainty which can almost be predicted.

5. The death penalty for such crime utterly fails for
the same reason. The execution of any number of this
class simply opens the door for an army already pre-
pared and trained to take their places.

6. From a scientific study of these cases, it is clearly
apparent that they are diseased and incapacitated to act
sanely. Alcohol has palsied the brain and made them
madmen. The very fact of continuous use of alcohol is
evidence of mental impairment and unreasoning act and
thought.

7. To hold such men accountable for their acts, and by
punishment expect to deter thf^m from further crime,
and by such punishment check others from similar
crime, is an error which both scientific teaching and ex-
perience point out.

8. The object of the State, through the law, is to pro-
tect society and the individual ; but if the execution of
the law-breaker fails to accomplish this end, the laws
are wrong.

9. The unfounded fear that the plea of insanity in
crime, and the failure to punish, is an encouragement
for further crime, is flatly contradicted by statistics.

10. Among the mentally defective, the insane, and in-
ebriates, the death penalty is followed by an increase
rather than a diminution of crime.

11. The inebriate should never be hung for crime com-
mitted while under the influence of alcohol.

BY DEATH FOR CRIME ? 275

12. This method of punishment is never deterrent, but
furnishes an attraction for other inebriates who commit
similar crime in the same way, following some law of
mental contagion.

13. The inebriate murderer should be confined the rest
of his life in a military work-house hospital. He should
be under the care of others, as incapacitated to enjoy
liberty and incompetent to direct his thoughts or acts.

14. A change of public sentiment and law is demanded,
and a readjustment of theory and practice called for.
The criminal inebriate occupies a very large space among^
the armies of the defective who threaten society to-day,
and his care and treatment must be based on accurate
knowledge, not theory.

15. Inebriate murderers should never be placed on pub-
lic trial, where the details of the crime are made promi-
nent or the farcical questions of sanity are publicly
tested. They should be made the subject of private in-
quiry, and placed quietly in a work-house hospital, buried
away from all knowledge or observation of the world.

10. The contagion of the crime and punishment would
be avoided, and his services might repair some of the
losses to society and the world.

REPORT OF THE COMMITTEE OF THE MEDICO-
LEGAL SOCIETY ON THE BEST METHOD
OF EXECUTION OF CRIMINALS BY
ELECTRICITY.

INTRODUCTOEY.

In the six weeks that have elapsed since the prepara-
tion of our original report to the Society we have made
further valuable experiments, and although our report
had not as yet been officially printed, we have received
so many useful suggestions and criticisms upon such por-
tions as had been given to the public in the press — both
through correspondents and through discussions in
various papers and journals — that we are enabled to
present at this meeting a fuller and more explicit ex-
pression of our opinions. The additional light thrown
upon a difficult problem has permitted us to make a few
slight alterations in our earlier report, and to subjoin
an appendix for the better elucidation of the subject.

THE REPORT.

To the President arid Members of the Medico-Legal Society :

Your Committee appointed at the September meeting to consider and
advise upon the proper method of executing criminals by electricity, reports
as follows:

The law recently passed by the Legislature of the State of New York,
providing for the administration of capital punishment by electricity, goes
into effect January 1st, 1889. All murderers sentenced to death for crimes
committed on or after that date are to die by this means. As tlie use of
electricity is an entirely novel method of putting to death human individuals,
the manner of the application of the lethal current requires^some thought-
ful care and study.

OF EXECUTION OF CRIMINALS BY ELECTRLCITY. 277

The Commission appointed by the Governor to examine into various
methods of causing death, which shouhl be more liumane than hanging,
decided upon electricity. This Commission caused certain experiments to
be carried out upon dogs, by which it was proven that electricity will pro-
duce certain and instantaneous death. In these experiments the animals
were placed in a zinc-lined box half filled with water connected with one
pole, while the other pole, in the shape of a wire, was wound around the
nose or insered into the mouth. There are no data as to the amount or
kind of electricity employed. This method, although successful; is hardly
applicable to a human being.

Some experiments were conducted by one of our Committee (Dr. J.
Mount Bleyer), and reported in the Uumboldt Scientific Library, March,
1887; and during the past summer a series of thirty or more careful experi-
ments were made upon dogs with death currents at the Edison Laboratory,
in New Jersey, by Messrs. Plarold P. Brown and A. E. Kennelly and the
chairman of this Committee (Dr. Frederick Peterson), all of which are of
particular value to us in suggesting the proper method of executing crimi-
nals by electricity. These last were published in detail in the Electrical
World, August 8th, 1888, and from them we have ascertained the following
points :

The resistance of these dogs was measured and found to vary from 3,600
to 200,000 ohms, depending upon the differing thicknesses of the skin and
hair, and the amount of moisture between the skin and the electrodes. The
amount of electro-motive force was also accurately determined, and it was
found that with the a^ernating current as low as 160 volts was sufficient
to kill a dog, and that with the continuous current a much higher voltage
was necessary for the production of a fatal effect.

There are several points requiring thoughtful consideration in the appli-
cation of death currents to man which we now proceed to lay before you.

The average resistance of the human body is about 2,500 ohms. The
most of this resistance is in the skin. It is evident, therefore, that the larger
the surface of the electrode applied to the body, the less will be the resist-
ance. But it is also a fact that the density of the current depends upon the
superficial area of the electrode. With a pole of small diameter the passing
current will be more dense than when an electrode of large sectional area
is applied.

We think that immersion of the body in a large quantity of water to act
as one pole, or the placing of large metal plates upon any part of the body,
should be put entirely out of consideration. It is further well known that
if metal be directly in contact with the skin during the passage of an electric
•current, burns and lacerations are apt to be produced.

We believe that all means hitherto suggested are open to criticism upon
these grounds. The posture of the criminal requires also some discussion
at our hands. We think there are serious objections to the employment of
any apparatus in which the prisoner takes a standing position. There are
80 miny histories of unseemly struggles and contortions en the part of crim-
inals executed by the old methods, that the necessity of some bodily re-
straint is evident. Furthermore, the possibility of a tetanic contraction of
the body from the shock of the current is to be borne in mind. In our

278 REPORT OF THE COMMITTEE ON THE BEST METHOD

opinion, the recumbent or the sitting position is best adapted to our pur"
pose.

Another question of importance is to wliich part of tlie body the two
poles should be applied. There can be no doubt that one electrode should
be in contact with the head. The other might be placed upon any portion
of the body, upon the trunk or extremities, but there are obvious reasons
why the ue'ghborhood of the spinal cord would be more advantageous^
The electric current, in passing through the body from one pole to another,
undergoes more or less diffusion through the tissues, A current passing
from the top of the head to the small of the back will be diffused through-
out a great part of the brain, and all of the tissues of the neck. The
medulla oblongata — a part of the brain which is the most vital — together
with all the nerves of the neck and the spinal cord, which exercise juris-
diction over the lungs and heart, will be thoroughly permeated by the cur-
rent applied in this way. As the seat of consciousness is in the brain, and
particularly in the cortex of the cerebrum, it is clear that this faculty of the
mind will suffer at once, if the current be sufficiently strong. The electric
stream flows from the positive to the negative pole, and there might be
some possible advantage in placing the positive po^e on the vertex of the
head, nearest the center of consciousness, although death in any case will be
instantaneous.

After mature deliberation we recommend that the death current be ad-
ministered to the criminal in the following manner :

A stout table covered with rubber cloth and having holes along its borders-
for binding, or a strong chair should be procured. The prisoner lying on
his back, or sitting, should be firmly bound upon the table, or in the chair.
One electrode should be so inserted into the table, or into the back of the
chair, that it will impinge upon the spine between the shoulders. The head
should be secured by means of a coat of a sort helmet fastened to the table,
or back of chair, and to this helmet the other pole should be so joined as to
press firmly with its end upon the top of the head. We think a chair is^
preferable to a table. The rheophores can be led off to the dynamo through
the floor or to another room, and the instrument for closing the circuit can
be attached to the wall.

The electrodes should be of metal, between one and four inches in diam-
eter, covered with a thick layer of sponge or chamois skin.

The poles and the skin and hair at the points of contact should be thor-
oughly wet with a warm aqueous solution of common salt. The hair
should be cut short. Provision should be made for preventing any mois-
ture reaching from one electrode to the other.

A dynamo capable of generating an electro-motive force of at least 3,000
volts should be employed, and a current used with a potential between
1,000 and 1,500 volts, according to the resistance of the criminal.

The alternating current should be made use of, with alternations not fewer
than 300 per second. Such a current allowed to pass for from 15 to 30
seconds will insure death.

1. THE RECLINIKG TABLE.

2. THE HELMET AND ACTiON OF THE CURBEKT

3. SHOWING THE ACTION THROUGH THE BRAIN.

4. THE APPLICATION OF THE CURRENT THROUGH THE BRAIN

OF EXECUTION OF CRIMINALS BY ELECTRICITY.

279

APPENDIX.

We append here the experiments in abbreviated tabular form upon which
we have based our conclusions :

EXPERIMENJ S \vn H DtATH-CURRENTS BY MesSKS. KkoWN AND KeNNELLY AND Dr.

Peterson at ihe Edison Laboratoky and at Columbia College,

Pounds.
Weight.

Ohms
Resistance.

Character ok

Current.

Voltage.

Duration <>f
Contact.

Rfsult.

Dog No.

7,500

Continuous

800

2 seconds

Death

li >i

8,500

Alternating

800

3 "

Death

uV^

6,000

Continuous

1,000

instantaneous

Death

4(>ya

11,000

Alternating

800
1,000, 1,100

2% seconds
6 instantaneous

Death

5«

6,000

Continuous ■{

1
I

1.400, 1,420
and 1,200

shocks, the la.-.t
?J^ seconds

Unhurt

3,600

Alternating

570

3 seconds

Death

4^H

14,000

Alternating

250

Death

27,500

Alternating

160

Death

5,000

Alternating

260

5 "

Death

15,000

Alternating

330

Death

14,000

Alternating

272

Death

8,000

Alternating

340

5 "

Death

30,000

Alternating

220

Death

Experiments Conducted by Mr,

(Details in hl.cttical World, Aug. 8, 18SS.)
A. E. Kennelly, at the Edison Laboratory.

POUNDS
WEIGHT

OHMS
RESISTANCE

CHARACTER OK
CURRENT

VOLTAGE

DURATION OF
CONTACT

RESULT i

Dog No

21^

Alternating

205

3 seconds

Death

19^

Alternating

176

Death

39>^i

Alternating

178

'5 "

Death

»7

57^^

Continuous

400

■ 40 "

Death

i8^

Alternating

140

Death

8,000

Alternating

255

Death

i6^

4,200

Alternating

418

2 "

Death

37^i

\
2CO,000 -,

Continuous
Alternating

304
100

65 "

^Unhurt

12>vj

4,000

Alternating

500

Death

u ..

I 1,000

Alternating

536

'^ "

Death

9.700

Alternating

517

I "

Death

(Details in I-hxtrical Kcvit-w, Sept. 22d, iSbS.)

280 REPORT OF THE COMMITTEE ON THE BEST METHOD

Objections having been made to the dogs on account of the small weight
of the animals, the following larger animals were experimented upon by
Mr. Harold P. Brown before your committee.

Experiments conducted hefore the Committee of the Medico-Legal Society
AT the Edison Laboratory. Dec. 5th, iSS8.

By Mr. Haroki P. Brown.

Horse

POUNDS
WEIC.HT

1,230

OHMS
RFSISTANCK

CHAKA( TEK OF
CUKRhNT

VOLTAGE

DURATION OF
Cl NTACT

RESULT

1 1,000

Alternating

700

25 seconds

Death

Calf

I24J^

3,200

Alternating

770 •

Death

Calf

145

1.300

Alternating

750

Death

(Details will be reported in hitctrical World.\

In most of the dogs the poles were bare copper wire around wet cotton
waste wound about a fore and opposite hind leg. Poles the same in a horse,
but applied to both fore legs. In the calves sponge-covered metal electrodes
were applied, one to middle of forehead and one near the spine between
the shoulders.

Death with the alternating current was without a struggle ; with the con-
tiimous, painful and accompanied by howling and struggling.

In the earlier experiments, where the alternations were from 660 to 4,100
per minute, the voltage was higher. In most of the experiments the alter-
nations were made from 12,000 to 17,280 per minute, and the number of
volts electro-motive force required was decreased.

It was suggested to us that the current should be applied through wristlet
electrodes. Acting upon this idea we caused the poles to be applied to the
forelegs of the horse, but were disappointed in the result. This method
seemed not nearly as effective as our own suggestion of application to the
head and back, as was illustrated in the speedy and easy death of the two
calves.

Mr. Elbridge T. Gerry, Chairman of the Commission, appointed by the
Governor, wliom we invited to accompany us and witness the latest experi-
ments, has suggested that clock-work be employed to make and break the
circuit wiien criminals are executed in this manner, and we think this a
matter worthy of the attention of those who aie to carry out the require
ments of the law. His request that we specify more particularly the kind
of apparatus needed, has led us to make inquiry in this direction. Relative
to this matter, Mr. Harold P. Brown, who, by his numerous physiological
experiments with deal h currents and his high attainments in this depart-
ment of science, is pre-eminently qualified to speak with authority upon
this .subject, recommends as follows :

" I think a portable steam-engine of three-horse power with a dynamo
electric generator of the jiliernating type, se-lfexciting or with a small ex-
citer, would be prererable. I api)rove fully the recommendations of your
committee in regard to the electro motive force and other details. In my
opinion $5,000 would cover the cost of this apparatus."

If any doubt should exist in the minds of some that electricity would not

OF EXECUTION OF CRIMINALS BY ELECTRICITY. 281

necessarily be fatal to man because it has been successfully applied to lower
animals, we have but to call attention to the fact, that since 1883 some 200
persons have been killed, as we are credibly informed, by the handling of
electric lighting wires.

As most of these people were killed probably by contact of the hands
with the wires, it shows that in man at least death is rapid in this manner.
Hence the suggestions made to this Committee as to the use of wristlet
electrodes have their value ; and it is possible that this method, with the
prisoner fastened in a chair, may ultimately prove the most desirable, as
doing away with a complication of appliances and lending greater simplic-
ity to the procedure.

FREDERICK PETERSON, Chairman.

R. OGDEN DOREMUS,

FRANK PI. INGRAM,

J. MOUNT BLEYER.

EUTHANASIA IN ARTICULO MORTIS*

Edward P. Thwing, M.D., Ph.D.

Death is ordinarily painless. The phenomena which
precede it often indicate extreme suffering, but the final
juncture of dissolution — measured by moments or hours
— is generally one of physical and mental placidity. And
yet we have in medical nomenclature, the word caco-
thanasia. It expresses a fact. Some deaths are agon-
izing. The spectacle is harrowing to survivors, even if
assured that the convulsive movements are partly or
wholly automatic and unintelligent. The propriety of
anaesthetics in such cases is naturally suggested. Now
the question arises just here, Has a dying man a right to
demand Euthanasia thus induced ? Or, has his family
this privilege ? How far can the medical man extend
relief to the dying ? Is a coup de grace allowable ?
Clearly enough, he cannot, morally or legally, abridge
life by an hour. Common law guards this point by the
most sacred sanctions. It rests on the divine precept,
" Thou shalt not kill." The character of the patient's
sufferings, whether resulting from some terrific casualty
or from hopeless disease, their intensity and probable
duration are matters not relevant to the issue in a legal
point of view. The patient's prayer to be put out of
misery must be disregarded. Galen's dictum, ^' Dolor
dolentihus inutilus est,^^ we admit. Equity — which is
good sense used in the interpretation of law on the part
of its administrators — will regard the intent of the phy-

*Read before the Medico-Legal Society, 1SS8.

♦

EUTHANASIA IN ARTICULO MORTIS. 283

sician who humanely assists the patient in, or out of his
sufferings ; still, the letter of the statute stands. We
may not give the mercy stroke. Hence the cynic phrase
of long ago, ' ' Durum sed ita lex scripta est. "

On the other hand, while a criminal suit might be
brought against a practitioner for hastening death, a
civil suit for damages might be brought for professional
neglect if he does not do for his patient all that he should
do, even in the article of death.

The following case presents no novel features in its
medical aspects, but it is cited to elicit a discussion, here
und elsewhere, of its forensic relations.

Last June, a telegram called me to a distant city to a
person stricken with apoplexy and hemiplegia. The age of
the patient, a widow of sixty- six years, the severity of
the attack and her plethoric habit, promised a fatal issue
within a day or two. She lingered, however, five days,
speechless from the first, and comatose. Her vigorous
constitution yielded but slowly. Automatic movements,
like pulling of the clothes, lifting the hand to the head
and other signs of restlessness, continued till near the
end. The head and eyes were turned to the paralized
side — which is unusual — the pupils were equal, the face
flushed and livid, pulse dicrotic, and loud rhoncal sounds
increased as dissolution approached. An hour before
death the pulse was nearly imperceptible, breathing ster-
terous, respiration twenty-seven, extremities cold, and
the bruit humor ique in the pre-cordial region marked.
Signs of suffocation appeared. The attendant phy-
sician had left the case in my hands forty-eight
hours before, believing that life would soon be ex-
tinct. The reality of suffering I could not admit, but
the appearance of it in actions, purely reflex, was pain-
ful to me. As her only surviving kinsman, I took the

284 EUTHANASIA IN ARTICULO MORTIS.

responsibility of administering a mild anaesthetic, moist-
ening a handkerchief at intervals from a vial containing
two drachms of chloroform and six drachms of sulphuric
ether. The handkerchief happened to be one just satur-
ated freely with cologne by the nurse, so that the sub-
stance inhaled, as well as the method of inhalation pro-
duced a bland, anodyne effect. Essential oils have some-
times been used, in foreign practice, to cover the repul-
sive odor of ether. The handkerchief was not held so
near the nostrils as to prevent the free admixture of at-
mospheric air, and the facial expression of the uncon-
scious sufferer was carefully studied. In two or three
minutes the stertor ceased. The spasmodic actions of
the arm were arrested. Respiration became easy and a
general quietude secured. Euthanasia was gained and an
apparantly painful dissolution avoided.

Fifteen minutes after withdrawing the anaesthetic, the
final breath came, without the slightest spasm of the
glottis or respiratory muscles, without any other physi-
cal struggle or sound. At the autopsy — which, by the
way, revealed excessive sanguineous effusion, red soften-
ing and clot in the anterior, ascending convolution, calcic
and fibrous degeneration, thrombosis of the basilar vein
and other vascular obstructions— one of the five phy-
sicians present gave a case where he had, at the request
of parents, administered ether to a child suffocating in
membranous croup, and produced Euthanasia, not less
to the relief of the parents than to that of the patient.

The queries, therefore, again return. Has the dying
man a right to ask of us this or some other form of as-
sistance ? If he is speechless may his family demand it i
How far may the medical man extend this boon to the
dying ?

TESTAMENTARY CAPACITY IN MENTAL

DISEASE.

By a. Wood Renton, Esq., of the London Bar.

In this paper I propose to contend that the current of
the comparative case-law of testamentary capacity in
mental disease has, with a few temporary aberrations,
steadily flowed from its commencement in support of
the following propositions, which are consistt nt with,
and not inaccurately represent, the most advanced med-
ico-legal opinion.

Propositoin I. — A testator must possess a memory suffi-
ciently active to recall (a) the nature and extent of his
property, and (6) the persons who have claims upon
his bounty : and a judgment and will sufficiently free
from the influence of morbid ideas or external control
to determine the relative strength of these claims.

Authorities. — (1) Combers case (Moor, 759 ; 4 Burn's E. L. 61 ; 3 Jac. I).
In the Star Chamber, it was agreed by the judges that sane memory for the
making of a will is not at all times when the party can speak ' yes' or ' no,'"
or had life in him, nor when he can answer to anything with sense ; but he
ought to be of judgment to discern, and to be of perfect memory, otherwise
the will is void. (2) Herbert v. Lowns (1 Ch. Rep. 24 ; 3 Car. 1). ' To a dis-
posing memory it is necessary there be an understanding judgment, fit to
direct an estate.' Cf. also Winchester^a case, 6 Co. 23a ; Trin. 41 Eliz. K.
B. (3) Harwoodv. Baker (3 Moo. P. C. 282, 1840), per Erskine J., at p.
290. ' In order to constitute a sound disposing mind, a testator must not
only be able to understand that he is by his will giving the whole of his
property to one object of his regard, but .... he must also have capacity
to comprehend the extent of his property and the nature of the claims of
others whom, by his will, he is excluding from all participation in that
property. The protection of the law is in no cases more needed than it i.s-
in those where the mind has been too much enfeebled to comprehend
more objects than one, and more especially ' — which was the case in Har-
wood V. Bakei — ' when that one object may be so forced upon the attentioii
of the invalid as to shut out all others that might require consideration.' (4)

286 TESTAMENTARY CAPACITY IN MENTAL DISEASE.

{Converse v. Converse, per Redfield J. (21 Verm. R ). The testator * must un-
•doubtedly retain sufl&cient active memory to collect in his mind, withont
prompting, particulars or elements of the business to be transacted, and to
hold them in his mind a sufficient length of time to perceive at least their
obvious relations to each other, and be able to form some rational judg-
ment in relation to them.' Cp. also Blanchard v. Nestle (3 Denio 37) and
Simpson v. Gardner (11 S. 1051), 1833, per Lord Cringlette. (5) The law
as to those particular functions of the mind which must be sound in order
to create a capacity for the making of a will is thus laid down by Sir James
Hannen in Boughton v. Knight (L. R., 3 P. & D. 64), 1872. * There must
be a memory to recall the several persons who may be fitting objects of the
testator's bounty, and an understanding to comprehend their relationship
to himself and their claims upon him. A sound mind does not mean a per-
fectly balanced mind, free from all influence of prejudice, passion or pride.
The law does not say that a man is incapacitated from making his will if
he proposes to make a disposition of his property moved by capricious,
frivolous, mean or even bad motives ; eccentricities as they are commonly
called, of manner, of habit, of life, of amusements, of dress, and so on, must
be disregarded. But there is a limit beyond which one feels that it ceases
to be a question of harsh, unreasonable judgment of character, and that the
repulsion which a person exhibits towards one or more of his children must
proceed from some mental defect in himself.' (6) Morison v. Maclean's
Trustees (24 Dunlop, 625), 1862. ' The test of capacity to execute a settle-
ment cannot possibly be stated without reference to the settlement itself '
<per Lord Justice Clerk Inglis, at p. 631). (7) Bleivitt v. Blevntt ( 4 Hagg.
E. R. 410), 1833. * When capacity is in question, the enquiry always is,
Was it adequate to the act ?' (per Sir J. NichoU, at p. 452).

In support of this proposition the following cases may be cited : English
— Greenwood v. Greenxoood (3 Curt. Appendix), 1790. Banks v. Goodfellow
<L. R., 5 Q. B , per Cockburn C. J., at p. 559). Smee v. Smee(L. R., 5 P. D.
At p 90, per Sir James Hannen). Ainerican — Delafield v. Parish (25 N. Y.
9), 1862. Harrison v. Roivan (3 Walsh C. C. 385, 386). Boyd v. Eley (8
Watts R.). Scotch— Campbell v. Davidson (4 Muir 171), 1827). Hogg t-
MacNeill (4 Muir 448), 1828. Laing v. Bruce (I D. 59), 1838. White v.
Ballantine (1 Shaw A. C. 472).

Illustrations. — {\) A, at the time when he made his will, had lost the
use of his right side from paralysis and could articulate nothing but ' aye '
* ho ' (for ' no '). The provisions were complicated, and were not originated
by the testator, but suggested to him and noted down by interested parties.
The will was reduced. Gillespie v. Gillespie (Fac Dec. Feb. 11, 1817). Cp.
a decision by Dr. Lushington, on precisely similar grounds, Durnell v, Cor-
field (1 Rob. E. R. 51, 1844) (2) A testatrix gave instructions for her will
which was prepared in accordance with them. At the time of execution,
the testatrix merely recollected that she had given those instructions, but
believed that the will which she was executing was in accordance with
them. The will is v^lid. Parker v. Felgate {S P. D. 171, per Sir Jamea
Hannen, at pp. 173, 174), 1883. If the testatrix had merely authorized her
solicitor to make a will and had then said, ' I do not know what you have
put down, bat I am quite ready to execute it,' the will would be invalid.

TESTAMENTARY CAPACITY IN MENTAL DLSEAS^. 28T

Hastilow V. Stobie {[ P. & D. 64, 1865), overruling dicta of Sir Creswell
Creawell, in (a) Middlehurst v. Johnson {SO h. f., Prob. 14, 1860), and (b)
Cunliffe v. Cross (3 Sw. & Tr. 36, 1863). (3) ' A sickly child, newly jmbes^
and without the knowledge of his curators, made a will in the absolute
favor of the nurse under whose care he had been.' The will was reduced
as inofficious. (Nisbet's Doubts, temp. Charles II. 207). (4) ^, the testator
was aged and of doubtful capacity. His will was prepared by a solicitor^
B, who was therein appointed executor and one of the residuary legatees.
The will was pronounced against. Burling v. Loveland (2 Curt. 225), 1839.
(As to the precautions necessary in such cases to rebut the presumption of
undue influence, see the remarks of Sir H. Jenner, at p. 228). (5) Ely Stott
died 18 Nov., 1821, leaving a widow, and a 'laughter by his first wife. The
amount of his personal estate was nearly £40,000. By his will, dated 26 May,
1818, Stott gave his daughter, to whom he had conceived a violent and ir-
rational aversion, a life interest only in a comparatively small portion of
his property. Held, by Sir John Nicoll, that this unfounded antipathy had
prevented the testator from properly appreciating his daughters claima
upon him, and that the will must be pronounced against. Dew v. Clark (3
Add. 79—209. Cp. also 2 Add. 123 et seq., 1826.)

Proposition II.- -Intellectual insanity prima facie de-
stroys testamentary capacity : but this presumption
may in any case be rebutted by evidence, of a lucid in-
terval— or that the insanity and delusions of the testa-
tor were irrelevant to the subject-matter of hisvrill, or
insufficient to prevent the exercise of a disposing mem-
ory, judgment and will — at the time when the disputed
instrument was made.

Authorities. — (I) An inquisition tie ^Mwaitco inqiiirendo is presumptive,
but not conclusive, evidence of testamentary incapacity at the time.

' Presumptive.' Cf. Hall v. Warren (9 Yes, 605, per SirW. Grant M. R .
1804). In re Watts (1 Curt. 594, 1837). Snook v. Watts (11 Beav. 105, per
Lord Langdale M. R., 1848).

^ But not conclusive.' Roddv. Lewis {2 Cas. temp. Lee 176, 1755).

(2) The presumption arising from residence in an asylum, or from other
prima facie evidence of insanity, may be rebutted by proof of a lucid inter-
val, or that the insanity or delusions were irrelevant or immaterial.

Illustrations. — Lucid Intervals. (1) W. P., who for many years had been
afflicted with habitual insanity, accompanied with intermissions, executed
a will while confined in a lunatic asylum. The instructions for it were de-
signed and written without assistance by himself, and the will made a
natural and equitable distribution of his property. Probate granted.
Nichols V. Binns (1 Sw. & T. 238, 1858). Compare the decision in Martin
v. Johnston (IF. & F. 122) in the same year. (2) Cartwright v. Carfwright (1
Phillim. 90, 122, 1793, 1795). A, a patient in an asylum made a will in
which she left practically her whole fortune to }ier nieces. The circum

288 TESTAMENTARY CAPA 'ITY IN MENTAL DISEASE.

stances under whicli the will was executed were as follows : ' On Aug. 14,
1775, A was supplied with pen, ink and paper, by Dr. Battle, the superin-
tendent of the asylum, to quiet and gratify her, though he considered her
at the time quite incapable of making a will. Her attendants retired, but
watched her. She was so agitated and furious that they were fearful she
would attempt some mischief to herself. At first she wrote upon several
pieces of paper and got up in a wild and furious manner, and tore the
«ame and threw them in the fire; and after walking up and down the room
many times in a wild and disordered manner, muttering and speaking to her-
self, she wrote the paper which is the will in question.' Probate granted on
the grounds that (a) the will was originated and executed by the testatrix
-and (&) the provisions were ' wisely and orderly framed. '

This decision has frequently been cited in support of the contention that
the law at one time made the instrument in dispute the best, if not the sole
criterion of the capacity to execute it. But it is doubtful whether Sir Wil-
liam Wynne intended to lay down any such rule (cf. Chambers v. Yatman
2 Curt. 415, Sir H. Jenner at p. 447, 1840) : and if he did, it has since been
distinctly repudiated. {Brogden v. Brown, 2 Add. 441, 1825).

Other Authorities. — Clarke v. Lear (Mar. 1791) ; Coghlan v. Coghlan (date
not given).

Delusions foreign to the subject-matter of the will. —(1) A made a will in fa-
vor of B, his niece, who was living with him, and was the object of his
favor and regard. At the time of executing this will, A was under a
delusion that G, to whom he had borne a violent hatred, and who was act-
ually dead, was still alive. C had no claim whatever on A. Probate
granted. Banks v. Ooodfellow (L. R, 52, B. 549, 1870). (2) Under the same
circumstances, A's, hatred to G is such that the very mention of his name
unfits him for business, and renders him unable to estimate the comparative
claims of B, D and E, upon his bounty. Semble. Probate would be refused.
Creagh v. Blood (2 J. & La Touche, Irish, 509, per Sir Edw. Sugden L. Ch.,
at p. 515).

Delusion or insanity insufficient to suspend testamentary capacity as above
'defined. — (1) A, a testatrix was under delusions, which were intermittent,
.and considered trifling by her friends, about her money matters. Her ca-
pacity to revoke a will is not destroyed. Laing v. Bruce (1 Dunlop 59,
1838). (2) i¥ disinherited his relations, to whom be had conceived a strong
dislike, which was not, however, proved to have been founded on delusions.
M was alleged to have had a sunstroke when on service in Sierra Leone ;
and he beileved that in youth he had been fed with game taken out of
•eagles' nests, and that soldiers suffering from yellow fever were in his bed.
M's will is valid. Morison v Maclean's Trustees (24 Dunlop 625, 1862). .4
fortiori testamentary capacity is not destroyed by a delusion which quickens
the testator's faculties. Op. Jenkins v. Morris (14 Ch. D. 674).

The exceptions to this proposition are chiefly apparent. In Dew v. Clark
there was the clearest evidence that the will in dispute sprang directly from
the diseased belief ot the testator : and further, it may be seriously ques-
tioned whether Sir John Nicoll's language will bear the construction popu-
larly put upon it that delusion is the only criterion of insanity (cf. 3 Add.
pp. 90, 93, 170, 204, 205, 206, with Chambers v. Yatman, 2 Curl., at p. 448).

TESTAMENTARY CAPAC1T^ IN MENTAL DISEASE. 289

In Waring v. Warmf/{6 Moo. P. C. 341 etseq., 1848), Lord Brougham did
indeed declare that any the least degree of insanity would vitiate a will,
made under its influence : and this doctrine was accepted by Sir J. P.
Wilde in Smith v. Tebbits (L. R 1 i\ & D. 398-437, 1867): but in both cases,
the presence of insane delusions, distinctly operating on the disposing mind
of the testator, reduced this metaphysical analysis to the proportions of an
obiter dictum.

Proposition III. — A lucid interval is not necessarily a
complete restoration to mental vigor previously en-
joyed : nor is it merely the cessation or suppression of
the symptoms of insanity : it is the recovery of testa-
mentary ^memory, judgment and will,' as defined in
Proposition I.

The history of this definition of ' lucid interval ' is in-
teresting.

' Not necessarily,' (fee, per^Eldon L. Ch. in Ex parte Holyland (11 Ves. 10,
1805), disapproving a dictum of Lord Thurlow.

' Not merely the cessation or suppression,' <fec., see per Sir John Dodson in
Dyce Sombre v. Prinseps (1 Deane. at p. 110, 1856).

' Jt is tJie recovery,^ &c., Towart v. Sellars (Scotch Appeal, 5 Dow. at p.
^36, 1817).

Proposition IV. — An insane delusion is not merely an
unfounded, though colorable, suspicion : nor even a
belief which no rational person would have enter-
tained : it is a persistent and incorrigible belief of things
as real which exist only in the imagination of the
patient, and w^hich no rational person can concievo
that the patient when sane would have belie ved.

History of this definition.

' Nota colorable suspicion,' Ghambersv. Tatman (2 Curt., at p. 448).

' Nor even a belief,' dtc, per Lord Brougham in Waring y. Wai-ing (v, ante)
<f)verruling Sir John Nicoll in Dew v. Clark.

' But a belief,' dtc. Lord Brougham, ubi supra).

' Which no rational person, ^ dtc. Mudway v. Croft (3 Curt. 671, 1843).
implicitly disposing of the dictum of Lord Campbell in Ditchburn v, Feum
<6 Jur.301, 1842).

In Mudway v. Croft, the following passage from Dr. Ray's Medical Juris-
prudence (at p. 131), is expressly adopted : '• It is the departure from the
natural and healthy character, temper and habits which constitute a symp-
tom of insanity, and in judging of a man's sanity, it is consequently as es-
eential to know what his habitual manifestations were as what his present

290 TESTAMENTARY CAPACITY IN MENTAL DISEASE.

symptoms are.' This doctrine has been applied with fair consistency. Cf.
Austin y. Gmham, (8 Moo. P. C 493, per T. Pemberton Leigh, 500-1, 1854),
and Dpce Sombre v. Prinseps (1 Deane).

Proposition V. Neither subsequent suicide, nor super-
vening insanity will be reflected back upon previous
eccentricity, so as to invalidate a will.

Cf. Boby V. Roby (1 Hagg. 146 1828, per Sir J. NicoU) : aliter in the case
of previous insanity. Symes v. Green (1 S. & T. 401, 1859).

Proposition VI. — Affective or moral, insanity does not
(generally ? ) destroy testamentary capacity.

Illustration. — A, the validity of whose will was in question, took an irra-
tional pleasure in hearing of the suffe'-iug of others, rubbing his hands,
grinning, aud otherwise manifesting his gratification at evil tidings. He
was uncharitable and cruel. Probate granted. Frere v. Peacocke 1 Rob. E.
R., 442, per Sir H. Jenuer Fust, at p. 456, 1846. (Up. Monson's case, per
Lord Cowan, 24 Dunlop 625, 1862). Semble. Insanity of character (pri-
mare verrucktheit), if sufficient to unhinge the disposing mind, would des-
troy testamentary capacity.

Proposition VII.— Upon the executor who propounds a
will rests the burden of proving (a) testamentary capa-
city, (6) knowledge and approval of its contents, and
(c) due execution.

The heir- it-law rests securely upon the statutes of descent and distribu-
tion until some legal act has been done by which their rights under those
statutes are lost or impaired.' (Per Thomas J., Crowning shield v. Crowning-
sJiield, 2 Gray 526).

Other authorities. — American — Quick v. Mason (22 Maine 438) ; Cilley v.
alley (34 ib. 162). English— Sutton v. Sidler (3 C. B. N. S. 87. 1857).

Proposition VIII.^ — Prima Facie an executor is justi-
fied in propounding his testator's will.

Cases — Bougliton v. Knight (per Sir James ilaunen, 3 P. & I). 64). Sniee
V. Sinee (5 P. D. 90).

The legal view of insanity in its forensic relations,
civil and criminal, has been attacked, and attacked not
only by alienists, of the baser sort, on the ground
that whereas in dealing with the criminal responsibility
of the insane, we adhere to rigid and obsolete formula3

♦Added for the sake uf ooinpleteiies.s, though irrelevant to the main question un-
der discussion.

TESTAMENTARY CAPACITY IN MENTAL DISEASE. 201

and persist in defining that which is essentially undefin-
able, we yet recognize several distinct criteria of capac-
ity in mental disease. Now it is no part of my present
task to argue that the * rules in Macnaghtens case ' are
not ' definitions of insanity ' at all, but rough, and ap-
proximate criteria ot punishable insanity, or to maintain
that the absence of any such criteria has seriously im-
paired the efficacy of French criminal law. But I re-
spectfully claim that our law of testamentary capacity is
not open to reproach. We have grasped the fact that
the disease insanity is merely one of the indicia, of the
state unsoundness of mind. We have made no attempt
to lay down abstract rules for determining in every case
the presence or absence of testamentary capacity. We
narrow the issue to the question. Was this man capable
of making this particular will at the time of its execu-
tion? and we are warranted in so doing by the views of
Taylor and Maudsley, who are the representatives of all
that is best in modern medico-legal thought.

CIRCUMSTANTIAL EVIDENCE IN POISONING

CASES.""

By John H. Wigmore, Esq., of the Boston Bar.

The purpose of this writing is to examine a single one
of the important topics of medico-legal investigation
from the standpoint of the lawyer. Whatever has been
said in this connection in the treatises on medical juris-
prudence has been said chiefly for the benefit of the med-
ical witness. Valuable hints to the advocate have been
given by Wharton, Stephen, Greenleaf and others, and
Bentham and Wills have paid special attention to the
peculiar features of circumstantial evidence in general.
But in the realm of poisoning cases, at least, the subject
calls for a more direct and specialized treatment than
has yet been given to it. What follows, will, it is hoped,
at once explain and justify this statement.

It may be here pointed out, however, that poisoning
cases offer a complication of questions and a wide range
of investigation not present on the ordinary occasions
when medical testimony is needed, and more capable of
useful analysis. They differ, moreover, from the more
common instances of homicide, for, on the one hand, the
pleas of self-defence and of provocation and other excul-
patory issues are, in the nature of the case, almost impos-
sible, and the issue is reduced to a question of murder or
utter innocence ; and, on the other hand, the evidence
cannot range over a vast field of facts limited only by
the possibilities of methods of destruction, but is limited

'Eead before the Society December 12, 1888.

CIRCUMSTANTIAL EVIDENCE IN POISONING CASES. 293

to a certain class of agents. For almost every step of
proof, moreover, medical evidence is needed. In brief,
there is a sameness about the evidence which admits of
an induction and invites a helpful analysis and classifi-
cation.

What, then, are the propositions to be proved in a
trial for murder poisoning, and what is the nature of
the evidence which may come into play relative to each
proposition ''i It has been said that the issues of self-
defence, provocation, etc., must almost always be ab-
sent, and for our purposes they may be left out of con-
sideration. The question presented is the single one : Did
the defendant kill the deceased by poison ? Let us sep-
arate this into its component parts, noting the evidence
relevant to each part. We can then examine the valid-
ity and the significance of the analysis.

In proving a charge that the accused killed the de-
ceased by poison, these three propositions are involved :

First. That the deceased died by poison :

Second. That the poison was administered by the ac-
cused or by his agency :

Third. That the accused foresaw the harmful effects
of the substance given.

In the following table the results of the analysis are
summarized in advance for convenient reference ;

294 CIRCUMSTANTIAL EVIDENCE IN POISONING CASES.

MURDER BY POISON.

Factum Prohandum.

Direct Evidence.

Admissions.

Circumstantial Evidence.

I. Death of the de-
ceased by poison

Etc.

(a) Results of chem-
ical analysis.

(b) Results of path-
ological observa-
tions.

11. Administration
of the poison by
the accused.

Etc.

II.

(a) Previous p o s-
session of the
poisonous s u b-
stance.

(b) Opportunity of
administration.

(d) Impossibility or
improbability of
administration
by another
agency.

III. Knowled{?e b y
the accused of
trie probable
p o i s o n o u s ef-
fects of the sub-
stance given.

Etc.

1. The first proposition covers that part of the sub-
ject of proof commonly called corpus delicti.

This proposition is the first and all-important step; for
without its establishment the case must entirely fail.
Unless the deceased died by poison it is unnecessary to
inquire who poisoned him. It is this part of the case
which, in poisoning trials, is raised into an importance
far greater than in ordinary trials for murder. Usually,
upon proof of an unnatural death, no further evidence
as to the corpus delicti is needed, and no special difficulty
attaches to the nature of the agency causing the death.
But in this class of cases specific proof of the use of
poison always remains. It is often the most serious task
for the prosecution, and has on many occasions become
the turning point of the case. Moreover, there are open

CIRCUMSTANTIAL EVIDENCE IN POISONING CASES. l!95

only two modes of proving the cause of death to have
been poison — proof by the results of analysis of por-
tions of the body, or of substances a part of which
has been known to enter the body, and proof from the
observed symptoms and appearances, both before and
after death. Not infrequently one of these modes
may be inconclusive or may become impossible, and in
that case tlie line of evidence is still more I'e^stricted.

It should be observed, too, that these methods both rest
on circumstantial evidence solely. Direct evidence, it
may be premised, properly includes the content of all
testimony immediately asserting or denying the exist-
ence of the fact to be proved, and thus, in order to be
conclusive, calls only for an inference as to the credibility
of the witness. Circumstantial evidence, on the con-
trary, is evidence tending to prove some other fact, pre-
sumably relevant (called by Ben tham ^'sign," ^'factum
prohans,^^ "evidentiary fact''), and thus in order to be val-
uable needs an intermediate inference or inferences other
than as to the credibility of the witness. Testimony,
then, to the symptoms, or to the reaction produced by
certain portions of the body subjected to chemical analy-
sis, is circumstantial evidence, because it needs the help
of an inference to bridge the gap between these facts
and the main fact of death by poison.

S. Passing to the second principal fact, it may of
course be proved by direct evidence of the- administration
of poison by the accused. But this evidence can rarely
be secured.

Practically, circumstantial evidence alone is available.
We are relegated to proof of subsidiary facts, from the
existence of which we may infer the existence of the
principal fact. These subsidiary facts or groups of facts,
forming a complete chain of evidence, are four in num-
ber :

396 CIRCUMSTANTIAL EVIDENCE IN POISONING CASES.

(a) Previous possession of the poisonous substance ;

(b) Opportunity of administration ; ■

(d) Impossibility or improbability of administration by
other agencies.

In the absence of direct evidence of administration by
the accused, the evidence offered must be calculated to
prove these four facts. Exactly what probative force
should be allowed to each or to the co-existence of all will
be discussed later.

3. Thirdly, it must be shown that the accused admin-
istered the poison with knowledge of its probable effects.

This issue does not frequently become important, for
the evidence that goes to prove the second main fact will
usually serve to prove this one. In any case the evidence
available must, of course, be mainly circumstantial. It
is only rare, however, that it is possible for the defence
to make even a show of contending upon this point. In
MissBlandy's trial (at Oxford, in 1752) this issue became
vital, for the innocence of the accused depended upon
the truth of her story that she had administered the
fatal powders to her father as a love potion to retain his
affection. Again, in the case of George Ball (in 1860, at
Lewes), it appeared that an overdose of prussic acid was
given for medicinal purposes, and upon the fact that the
overdose was an innocent mistake turned the fate of the
accused.

These classes comprise the largest share of the evi-
dence that can be relevant to a poisoning trial. But there
remains another and an important class of evidence bear-
ing on the general question of guilt. This class com-
prises all general admissions of guilt ; not admissions of
one or more of the subsidiarv facts above mentioned, for

CIRCUMSTANTIAL EVIDENCE IN POISONING CASES. 207

these take their proper place under the preceding classes
of evidence, hut all evidence in the nature of conduct or
words subsequent to the guilty act and tending to show
a consciousness of guilt on the part of the accused. This
evidence includes : First, express oral or w^ritten admis-
sions of guilt, or what are called, in criminal law, con-
fessions ; and, secondly, conduct pointing toward a con-
sciousness of guilt.*

Some illustrations will show how distinct a class of in-
dications is here included.

One of the circumstances in Donellan's case was the
extreme anxiety of the accused, unexplainable except
on the supposition of conscious guilt, to prevent any in-
spection of the fatal medicine by rinsing the bottles and
attempting to destroy them. Palmer's repeated and
uncalled-for meddling, at the time of the post-mortem
examination, with vessels containing the stomach and
other organs of the deceased, and his success in spilling
the contents of some of them, were pointed out in argu-
ment as very damaging circumstances. So, also, in-
stances continually appear of concealment and evasion,
of disguise, of false, incredible or contradictory state-
ments by the accused; of the suppression, destruction or
fabrication of evidence, including attempts at bribery,
at the establishment of an alibi, etc., of fear, flight and
confusion -all these indications pointing more or less
positively to a guilty consciousness. Evidence of this
sort, when we can be sure that our interpretation (^f it
is correct, is very satisfactory. It should be added

(■*The term confession is })roperly restricted to an express oral revelation
by ilie accused, and hence the word admission, covering both words and
conduct, is here preferable, though its use is commonly confined to civil
cases. The Benthamic phrase " confessional evidence " includes admissions
AS to subsidiary facts as well, but these it has seemed better to place under
the heads already indicated.)

298 CIRCUMSTANTIAL EVIDENCE IN POISONING CASES.

that the defence, as well as the prosecution, is con-
cerned with producing evidence of this nature. The
corresponding line of proof for the defence is founded
on the inferences to be drawn from an apparent con-
sciousness of innocence, and, in addition to evidence ex-
plaining away the alleged admissions of guilt, the de-
fence may adduce evidence that the comportment of the
accused was inconsistent with a guilty consciousness.

Under one or another of the above divisions, it is be-
lieved that all possible evidence must fall. Let us now
revert to this analysis in detail, with a view to testing-
its validity and illustrating its significance.

1. In the first place, remembering that unless a death
by poison can be proved, the case of the prosecution falls
to the ground, care will be taken at every step to secure
the complete and thorough establishment of this point.
Remembering also that there are but two kinds of evi-
dence available for this purpose — ^analytical and patho-
logical- it will be ascertained as early as possible,
whether from other circumstances of the case, or from
the nature of the poison used, either of these kinds will
be in any degree unavailable. Some of the most impor-
tant poisoning trials on record have turned entirely on
the question whether the deceased died by poison.
The Palmer case (Rugely, 1855-6) and the Lamson case
(Wimbledon, 1882) are instances in which there was an
utter failure of one sort of e.^dence, and the necessity
arose of relying upon a single set of phenomena for
proof.

In the Lamson case, the symptoms spoken of by the
deceased boy — a severe heartburn — suggested aconitia as
tlie cause. Now, in the present state of our knowledge,
the chemical tests for aconitia are unreliable and prac-
tically useless. Moreover, the symptoms exhibited dur-

CIRCUMSTANTIAL EVIDENCE IN POISONING CASES. 290

ing illness are far from conclusive. How, then, can
aconitia be detected ? The only trustworthy effects are
two : its taste, and its effect on small animals. Any sub-
stance containing aconitia produces a tingling and numb-
ness when applied to the tongue or the lips, and when
injected into the back of a mouse causes a characteristic
staggering, paralysis and asphyxia. When these two
tests agree, the presence of aconitia is absolutely cer-
tain. These tests accordingly were made with portion
of the fluids in the body of the deceased, and aconitia
was found in considerable quantities. A conviction ul-
timately ensued.

A similar instance is furnished by the Palmer case.
Strychnia was suspected as the cause of death. It is
not true, at the present day, that there is no infallible
test for strychnia; for if by the ''color test," so called,
a particular succession of colors is produced, the pres-
ence of strychnia is determined beyond a doubt. Yet
strychnia in a fatal quantity may be so minutely dis-
tributed throughout the system that the failure of this
test to produce the proper colors does not prove that the
poison is not present, and in that case resort must he
had to the symptoms alone. This was what occurred
in Palmer's trial. Whether through carelessness or
through imperfection of the methods used, the body fur-
nished no certain evidence, chemically, of the use of
strychnine. The contest took place upon the significance
of the symptoms, and the leaders of the medical profes-
sion were marshaled on either side. In this case, as in
Lamson's, the cause of death was the crucial issue of
the trial; for, if in truth the death was by poison, it was
impossible upon the rest of the evidence to suppose that
any hand but Palmer's had administered it. Tetanus,
epilepsy, angina pectoris, were all suggested, but the

300 CIRCUMSTANTIAL EVIDENCE IN POISONING CASES.

symptoms of strychnia were too clear, and a verdict of
guilty was rendered.

The same issue became the turning-point in two other
very instructive leading cases, in both of which an acquit-
tal ensued, but, as few can help believing, erroneously. In
the trial of Mrs. Wharton (Annapolis, 1872), the contest
centred on the questions whether the tumbler of milk
punch administered by the accused contained antimony,
and whether the symptoms indicated death by anti-
monial poisoning. A cloud of witnesses were sum-
moned, principally for the defence; indeed, the fact
seems to have been that the prosecution did not prop-
erly anticipate either the difficulties to be overcome in
proving the employment of poison, or the vigor of the
-efforts made by the defence to disprove it. The two
chemists who testified for the prosecution obtained cer-
tain reactions and colored precipitates, which satisfied
them that antimony was in the tumbler and in the
body. But they did not take the final and conclusive
step by obtaining the metal antimony itself, as they
might have done if it had been present. The result was
that, probably much to their surprise, other experts
were secured by the defence who did not believe that
the colors and reactions obtained by these two were ab-
solutely conclusive, and thus the agency of poison was
not proved beyond a reasonable doubt. The symptoms
attending the sickness were explained by a number of
physicians as not certainly distinguishable from those
of meningitis, and thus failed to serve the purposes of
the prosecution. A verdict of not guilty was rendered,
though no one, upon reading the evidence, can convince
himself that it '<vas not an over-scrupulous regard for
difference of expert opinion, rather than the very
power and strength of innocence that led to the ac-

CIRCUMSTANTIAL EVIDENCE IN POISONING CASES. 301

quittal. If the chemical evidence of the existence of
antimony had been convincing, there can be no doubt
that a conviction would have ensued. Dr. Smethurst's
case (Richmond, 1859) was characterized by a similar is-
s\ie. The employment of arsenic or antimony was sus-
pected, but many witnesses testified more or less con-
vincingly that other causes might account for the same
appearances ; and though a verdict of guilty was re-
turned, the conflict of medical testimony was brought
into service and a pardon was secured. The only ground
for granting it could have been the uncertainty of the
evidence based on the symptoms. In this case, the
chemical analysis had been carelessly conducted, and
the evidence on that score had little weight.

These illustrations will suffice to suggest the very evi-
dent moral. Let it be your foremost care, upon under-
taking a poisoning case, from the first step of prepara-
tion to the final address to the jury, to establish thor-
oughly the fact of poison's agency in the death. It may
be that this cannot be seriously questioned by the de-
fence. But the possibility of a slip should always be
guarded against most carefully. If, as in the case of
premature burial (Donellan's case), or of a suspicion that
a substance like aconitia or strychnia has been the cause
of death, there is a possibility that evidence of one kind
<»r the other will fail, all efforts must be concentrated on
the available evidence. Experts must be instructed and
examined with a view to leaving no opportunity for
failure in this essential step. It is needless to add that
the defence, in the same way, if there appears any pos-
sibility of the weakness in the prosecution's case on this
point, must seize upon it and make good use of such a
stronghold.

2- Passing to the second issue (admistration of poison

302 CIRCUMSTANTIAL EVIDENCE IN POISONING CASES.

by the accused), let me take up and illustrate each of
the subsidiary facts separately, and then say a few
words concerning their probative force considered
jointly.

(a.) Previous Possession. The evidence presented may
constitute a strong or a weak case accordiiig as it fixes
possession upon the accused, with details of time, place,
and material corresponding more or less closely to the
known circumstances of death, and having a significance
more or less exclusive of innocent explanation. For ex-
ample, the evidence may show, as in Dr. Smethurst's
case (Richmond, 1S59), no more than that the accused,
being a physican, and constantly having in his possession
drugs of all sorts, might without improbability have
possessed a quantity of the fatal drug ; or the evidence
may be, as in Palmer's case, of the purchase of packages
of strychnia within two days before the death ; or, as in
Dr. Piitchard's case (Glasgow, 1856), the prosecution
may even be able to show that some poisoned tapioca,
taken by the deceased^ tallies with a quantity of the
same substance found in the accused's room and tainted
with the same poison. In Madeline Smith's case (Glas-
gow, 1857), she asserted that the arsenic which she was
proved to have bought was used by her for the complex-
ion, and this explanation helped to diminish somewhat
the effect of the prosecution's evidence.

In Mrs. Wharton's case she had bought tartar emetic
a day or two before the death, and was seen to apply the
powder, or at least a portion of what appeared to be this
powder, to her breast ; but no explanation was offered
of the reason for so applying it. In the recent trials of
Mrs. Robinson (Boston, Dec, 1887, and Feb., 1888), all the
other circumstances combined to predicate guilt, but the
one great difficulty running through both trials was the

CIRCUMSTANTIAL EVIDENCE IN POISONING CASES. 303

inability on the part of the prosecution to prove any act-
ual possession of arsenic. There cannot be the slightest
doubt that if in any way arsenic could have been traced
into the possession of Mrs. Robinson, there would have
been a conviction on the first trial, and the scruples of the
few who were not satisfied with the result of the second
trial would have been allayed.'^ The defence grasped
the situxtion, and realizing the importance of this point,
put the accused on the stand to testify, that she never
saw arsenic in her life, or even knew whether it was a
liquid or a powder. In this case, then, the course for
the prosecution was clear ; their utmost efforts should
have been (and doubtless were) concentrated upon the
discovery of a previous possession of arsenic by the ac-
cused.

lu should be noted that the effect of much evidence
will be simply to contradict the impossibility of previous
possession. Such evidence does not purport to be incon-
sistent with lack of possession, and may, in fact, be
perfectly consistent therewith. It is offered with the
humbler, yet often highly important, object of annull-
ing possible efforts of the defence to show that posses-
sion by the accused was impossible. For instance, in

* After the writing of this article, but before its publication, a discovery
(it is alleged) was made, which, taken in connection with the above state-
ment, may be of interest. In taking out a furnace in the house occupied
by Mrs. Robinson, there was found, behind the bricks, a package of " Rough
on Rats," the destructive element of which is, of course, arsenic, the sub-
stance found in the stomachs of Mrs. Robinson's supposed victims ; and
the circumstances were said to be such as to show that the poison must
have been placed behind the furnace during Mrs. Robinson's occupation of
the house. Whether the story is true is not here material. The signifi-
cance of it is the immediate clearing away of all doubt, in the minds of
those who read and believed it, as to the guilt of the accused. So far as
the writer could ascertain the e£fect of this discovery on the convictions of
others, it seemed to be generalh' regarded as at last furnishing the missing
link in the chain of the prosecution's evidence. To some extent, then, this
iittitude of mind corroborated the above analysis of the evidentiary needs
of the case.

304 CIRCUMSTANTIAL EVIDENCE IN POSIONING CASES.

Donellan's case the prosecution, on the theory that
laurel water, obtained by distillation, was the fatal
agent, offered evidence that Donellan possessed a still,
by means of which laurel water could have been made .
This was of no direct value to prove the subsidiary fact
of previous possession, but it was of value to defeat
any possible efforts of the defence to show that Donellan
did not have it in his power to obtain laurel water. The
contrast between such negative evidence and evidence
of a direct and affirmative character is illustrated by
another circumstance of the same case. In Donellan's
library was found a single vulume of the transactions
of the Philosophical Society. The volume was uncut
except at a single place, and at that place was an ac-
count of the method of distilling laurel water. Nothing
could have been more important to indicate a. prepara-
tion by Donellan of laurel water.

It must be added that this kind of evidence, which
may be called negative, is not peculiar to the subsidiary
fact — previous possession — under consideration. It may
be offered upon any of the other heads under (IE. ) an,
under (6) (opportunity) to disprove an alibi. It may also
appear under (I), as, for example, the evidence used in
Palmer's case to rebut the contention of the defence
that the failure to detect strychnia in the body by chem-
ical analysis conclusively proved that strychnia had not
caused death.

{b). Opportunity. Here also the evidence may have a
wide range as to probative force. It may show only a
general possibility of administration by the accused, or
it may show specific and oft-recurring opportunities. In
the Lamson case, it appeared that the accused, shortly
before the fatal sickness, had called to see the boy and
given him a capsule, which the boy swallowed. Here

CIRCUMSTANTIAL EVIDENCE IN POISONING CASES. 305

the opportunity was proven with unusual detail. In.
the cases of Dr. Smethurst and Dr. Pritchaid, the attend-
ance of the accused during the last illness of their victims,
and the general supervision exercised by them over the
medicines administered, placed beyond doubt the exist-
ence of continued opportunities. In every case where
the accused is a physician or a surgeon (and these com-
prise a very large number of the recorded cases) proof of
opportunity is not likely to be wanting.

Lack of opportunity is of course one of the strongest
issues open to the defence. Success, for example, in
proving an alibi ends the cause at once. But the exist-
ence of an alibi is not the only contention that can arise
under this head. Attention must be called to a class of
cases in which the requisite of opportunity is apparently
satisfied, and yet closer examination shows the contrary.
In the trial of Madeline Smith it was proved that the de-
ceased must have swallowed 200 grains or more of the
arsenic which caused his death : and it was pointed out
that the successful administration, by one having a hos-
tile intent, of so large a dose of arsenic was an ex-
tremely improbable and almost unheard of occurrence.
There was, therefore, strictly speaking, no opportunity,
because no physical possibility, of administration by the
accused, and one was forced to assume suicide. A sim-
ilar instance is furnished by the trial of Adelaide Bart-
lett (London, 1886). Large quantities of chloroform had
been taken by the deceased, not in the ordinary manner,
but by swallowing, and great weight was given to testi-
mony that the chances were enormously against the suc-
cessful administration of chloroform in that mannei*
during sleep. The nature of the substance administered
and the mode of administration may thus often afford
valuable indications as to the feasibility of administra-
tion by the accused.

306 CIRCUMSTANTIAL EVIDENCE IN POISONING CASES.

{c.) Antecedent Frohability or Possibility. Under this
head belongs that multifarious mass of evidence touch-
ing, on the one hand, the habits of the accused, his dis-
position and general character, his relations with the
deceased, his business affairs, and all other circumstan-
ces calculated to call into action a motive for or against
the murder, and, on the other hand, touching his pre-
vious intentions, expressed or implied, and his prepara-
tions, attempts, or threats, if any of these indications
can be gatheied from his words or conduct previous to
the time of administration. In poisoning cases, how-
•ever, the treatment of this class of evidence is not ma-
terially different from that demanded in ordinary cases
of alleged homicide, and does not need further illustra-
tion. It is to be noticed that the fact of previous posses-
sion, the chief probative force of which is that it tends
to identify the accused with the person administering
the poison, may often have some additional force as
indicating preparation on the part of the accused.

It may be added that motive (a convenient but abbre-
viated term for the circumstances calculated to call an
emotion into play) is not in itself a necessary thing to be
proved. It is simply a most important one of the several
sorts of evidence that go to make up a general antece-
dent likelihood of guilt. Neither the presence nor the
absence of motive is conclusive. Here, however, as in
the case of the other subsidiary issues under 2, the de-
fence may theoretically prove an absolute negative ;
that is, that the commission of the crime by the defend-
ant would be entirely contrary to what would be expect-
ed from his character and the circumstances of the case ;
although this cannot practically amount to more than
evidence showing a high degree of improbability.

{d.) The impossibility or improbability of administra-

CIRCUMSTANTIAL EVIDENCE IN POISONING CASES. 307

tion by an agency other than the defendant's is always
an item of extreme importance, It is of most value to
the prosecution when strong evidence is introduced by
the defence under other heads, leaving suicide, for ex-
ample, as the only, other tenable hypothesis. In such a
case, if this avenue can be closed up by the prosecution,
an amount of evidence on the remaining points, other-
wise insufficient, may prove conclusive. For instance,
in the trial of Madeline Smith, already spoken of, pur-
chases of arsenic by the accused on three occasions
shortly before the death were well proved, and a suffi-
cient motive (the dread of exposure of a criminal relation
on the point of her marriage) was not wanting It ap-
peared further that the deceased came to Edinburgh, the
scene of the fatil occurrence, at 9 o'clock in the evening,
intending to meet the accused, and was not seen or heard
of again until 2 o'clock the next morning, when he re-
turned to his lodgings with the fatal illness upon him.
The remaining evidence was such that the only other
hypothesis possible was that of suicide. Here the prose-
cution was unable to close the gap. The theory of sui-
cide, indeed, was not an improbable one in itself, and
thus the evidence tending to , show lack of opportunity
was enabled to have full effect. So, too, in the Bartlett
case, already mentioned, the evidence as to the physical
impossibility of forcing chloroform, in the quantity
alleged, down the throat of a sleeping person, practically
threw upon the prosecution the burden of showing that
suicide was impossible, and as in fact this was not at all
unlikely, the defence stood in a very strong position.

In the trial of Mrs. Eobinson, already mentioned, the
prosecution were weak in being without evidence of pre-
vious possession, and if the hypothesis of suicide could
have been put forward with the slightest degree of pos-

308 CIRCUMSTANTIAL EVIDENCE IN POISONING CASES.

sibility, an acquittal would probably have ensued. The
case of Ann Merritt (at Clapton, 1850) is a curious instance
of how a trial may turn entirely on the question whether
suicide was possible. Purchases of arsenic were proved,
a motive, in the shape of desperate feelings against her
husband, the deceased, and ample opportunity in her
attendance on her husband's illness. But her defence
was that she had placed the arsenic on a shelf near some
medicinal powders and that her husband had taken them
by mistake. If this were true, he must have taken them
early in the morning of the day on which he died, for
after that time he had been confined to • his bed till his
death at night. Accordingly, the prosecution attempted
to show by Dr. Letheby (whose blunder in this case was
afterwards brought up against him at the Palmer trial)
that the arsenic could not have been taken into the sys-
tem of the deceased more than four or five hours before
death, and thus to prove suicide impossible. At the trial
this evidence sufficed, and the jury returned a verdict of
guilty. But the medical profession were not satisfied
with the statements of Dr. Letheby, and after some
pressure he was persuaded to write to the Home Secre-
tary that it was possible, and even probable, that the
arsenic had been taken early in the morning. Suicide
thus becoming a plausibility, the woman's story might
be true, and the case one of criminal negligence only ;
and on the strength of Dr. Letheby's retraction the Sec-
retary commuted the sentence of death.

These illustrations, with the comments thereon, have
been promised for the purpose of paving the way for
the reception of two important statements concerning
the analysis which has been presented. In previous dis-
cussions upon the nature and use of circumstantial evi-
dence, including those of Bentham and W ills, the treat-

CIRCUMSTANTIAL EVIDENCE IN POISONING CASES. 300

ment of the subject seems to have been confined to a
general enumeration of different lines of evidence and
the particular probative tendency of each. We do not
find satisfactory attention given to the possibility of
classifying the component subsidiary facts of circumstan-
tial evidence accurately and exhaustively, or to the rela-
tive importance of the different subsidiary facts or groups
of facts ; and, in consequence, the profound discrimina-
tion and subtlety exercised in these dissertations fail to
afford us the maximum of usefulness. Whether in the
subject of circumstantial evidence at large such coher-
ence and logical relations exist, need not be here consid-
ered ; but, confining ourselves to circumstantial evidence
of the administration of poison, it is believed that this
evidence is characterized by such qualities, and it is
hoped that they are clearly and correctly brought out by
the analysis which has been offered. Let us see, briefly,
w^hether in the evidentiary facts above discussed (a, 6, c
and d, under II there does not appear an exhaustiveness
and a certain logical coherence.

I. By exhaustiveness (for want of a better term) is
meant that under one or another of these heads must all
circumstantial evidence come which tends to prove the
act of delinquency on the part of the accused.

Leaving out admissional evidence and direct evidence
of administration (which is, of course, rare), we have the
certainty in preparing and presenting our case that
every item of evidence secured or sought for has for its
object the proof of one or another of these fact (a, 6, c
and d above) and gains therefrom its entire significance
and value. It is hardly possible in this place to demon-
strate that this analysis is in fact complete and exhaust-
ive, partly for the reason that it is impossible to prove a
universal negative. Let the reader test the analysis for

310 CIRCUMSTANTIAL EVIDENCE IN FOISONING CASES.

himself. It rests upon an exan.ination of the process of
ratiocination natural and necessary in proving the fact
of administration, and upon the fact that no instance
has been discovered by the writer which does not fall
into one or another of the above classes.

If there is evidence amply and explicitly establishing
each of these separate points, the main fact follows as
an unavoidable culmination. Such complete array of
evidence, however, rarely appears, and the question
arises, what probative force, in the absence of complete
proof upon all the points, is to be given to such evidence
as exists. This brings us to the question, T7hat is the
relative probative value of each subsidiary fact, that is,
to a consideration of the logical coherence of these facts.

2. It is, of course, impossible in such a matter to look
for mathematical relations, or to expect to find the veri-
fication of some formula of variables. The tendency to
construct an artificial theory upon facts which do not
admit of it must carefully be restrained. But certain
uniform characteristics may be pointed out. In the first
place, complete proof by the defence of the absence of
any of these links is fatal to the case of the prosecution.
That is to say, it is necessary for the prosecution that
each one of these facts should at least not be impossible.
The impossibility of Capt. Donellan's making or procur-
ing laurel water, if it could have been proved, would
have ended the case. Such absolute proof can of course
rarely be furnished, and the defence must be content
with making every effort to secure it. The illustrated
cases already cited will make this proposition sufficiently
clear, and render unnecessary further examination in
detail. Suppose, however, that upon three of the points
the prosecution brings forward complete evidence, while
on the fourth point the evidence is equally balanced.

CIRCUMSTANTIAL EVIDENCE IN POISONING CASES. 311

In such a case the mind seems to find no difficulty in
reaching a conclusion upon the remaining evidence and
in inferring the existence of the main fact. Thus, in
Mrs. Eobinson's case, as has been already mentioned,
the prosecution could adduce no evidence of previous
possession, nor did the defence offer any satisfactory
evidence of its impr. bability ; while there was ample
evidence of opportunities of administration, sufficient
facts to excite a motive, together with strong ex-
pressions of intention, and practically an impossibility
that any one else could have administered the poison ;
and upoa this evidence a verdict of guilty wa. rendered.
In other words, satisfactory proof of three points out
of the four will usually be sufficient But if the evi-
dence upon the three points is only incomplete, to a
greater or less extent, then it will scarcely be possible to
infer guilt. Complete proof of three of the numbers
seems necessary in order to counterbalance the weakness
of the first number. Otherwise the door is opened for
the hypotheses and no sure conclusion presents itself.

Again, if there is satisfactory proof upon two of the
points and upon the other two the evidence is equally
balanced the existence of the main fact can never be
considered, as proved. The writer does not recollect
any cases, however, which illustrate the last two propo-
sitions.

To travel further through the different possible com-
binations and to examine the significance of each, would
not in this place be expedient. Enough has been said,
it is hoped, to show that there is between these subsi-
diary facts, or groups of facts, a certain coherence and
complemental relation. It is impossible, as has been
said, in matters of inference to arrive at a mechanical
certainty J or to measure to a f inaction the weight of in-

812 CIRCUMSTANTIAL ES^DENCE IN POISONING CASES.

gredient arguments. Perhaps in marking out, on the
one hand, that amount of evidence which certainly will
not sustain an inference of guilt, and on the other, that
amount of evidence which certainly will sustain such an
inference, we have gone as far in quantitative analysis
as the nature of the materials .will permit us safely to go.
My object is gained if I have shown that these linked
facts make up a logical whole, the component parts
being mutually so related that a variance in one mater-
ially affects all the others.

We have now concluded our examination of this anal-
ysis ; and the question arises, of what value is it ?

I omit any consideration of the scientific value which
attaches to every truth, great or small. I omit, also,
any argument as to its value in a purely juristic sense
— as to the light, for example, which it throws on the
vexed question how far evidence should be admitted of
previous administration, of poison to other persons by
the accused. I refer only to its practical value to the
lawyer in the admistration of justice ; and this is two-
fold :

1. Any sound analysis and classification must be of
value in enabling the advocate to prepare his case intelli-
gently. The search after evidence, the comprehension
of its worth when found, the understanding of its proper
place in the order of proof, and of the relative force of
the different pieces of evidence — all those must depend
largely upon the correctness of t he plan of campaign
which has been formed by the advocate. There will be
a certainty and a confidence, an ability to gauge each
fact in evidence and to make the best use of it, such as
could not exist for one working without some such map
before him. Its usefulness in this respect, it is believed,
will suggest itself without further illustration.

CIRCUMSTANTIAL EVIDENCE IN POISONING CASES. .313

2. But chiefly the advantage to be gained Hes in the
fact that what has been here expHcitly stated is nothing
more than what is reahzed and acted upon by every
juryman without a distinct perception of the underlying
reasons. I mean that the analysis which has been
offered is valid, because it is based on the actual logical
processes followed by the mind, and expresses in terms
that upon which the judgment of the juryman is un-
consciously founded. Most of us could detect a logical
fallacy without hesitation, where to explain the reason
of it would perhaps be impossible. So a juryman seizes
the weak and strong points of a case without under-
standing the logical basis of his judgment. The impor-
tant result is that the advocate, forearmed with an
analysis of the evidentiary needs of the occasion, antic-
ipating, on the one hand, the difficulties which the
twelve will instinctively feel, may the more effectively
endeavor to remove or alleviate them, and forecasting,
on the other hand, the points most likely to tell favor-
ably upon the minds of the jury, may direct his energies
towards emphasizing and enforcing them. Tt would
seem that without some such analysis and classification
as has been the subject of this waiting, the efforts of the
advocate must be in the dirk, formless, and incapable
of producing their normal and best effect, whether in
the preparation of a poisoning case or in its presentation
to the jury.

EDITORIAL.

Definitions of Insanity.

Sir James Stephen: —

Tlie question " What are the mental elements of responsibility?" is and
must bea legal questioD. It cannot be anything else for the meaning of
responsibility is liability to punishment, and if criminal law does not de-
termine who are to be punished under given circumstances, it determines
nothing.

I believe that by the existing law of England these elements (so far as
madness is concerned) are knowledge that an act is wrong and power to
abstain from doing it; and I think it is the province of judges to declare
and explain this to the jury.

I think it is the province of medical men to state for the information of
the Court such facts as experience has taught them bearing upon the ques-
tion, whether any given form of madness affects, and in what manner and
to what extent it affects either of these elements of responsibility, and I
see no rc;ison why, under the law as it stands, this division of labor should
not be fully carried out —(History of Grim. Law of England, p. 183.)

First, then, what is the law of England as to the effect of madness upon
criminality? I have stated it as follows in my Digest (Art. 27— the parts
enclosed in brackets are doubtful):

No act is a crime if the person who does it is, at the time when it is done,
prevented (either by defective mental power or by any disease affecting the
mind)

(a) From knowing the nature or quality of his act;

(6) From kno ving that the act is wrong (variously interpreted as mean-
ing morally wrong and illegal. The word " know" is not so simple as it
may appear); or

But an act may be a crime, although the person who does it is affected
by disease, if such disease does not, in fact, produce upon his mind one or
other of the effects above mentioned in reference to that act.

Illustrations:

1. A kills B under an insane delusion that he is breaking a jar. A's act
is not a crime.

3. A kills B, knowing that he is killing B, and knowing that it is wrong
to kill B, but his mind is so imbecile that he is unable to form such an esti-
mate of the nature and consequences of his act as a person of ordinary in-
telligence would form. A's act is not a crime, if the words within the first
set of brackets are law. If they are not, it is.

EDITORIAL. 315

3. A kills B, knowing that he is killing B, and knowing that it is illegal
to kill B, but under an insane delusion tlmt the salvation of the human race
will be obtained by his execution for the murder of B, and that God has
commanded him (A) to produce that result by those mean-. A's act is a
crime if the word '• wrong" means illegal. It is not a crime if the word
" wrong" means morally wrong.

4. A suddenly stabs B under the influence of an impulse caus'd by dis-
ease, and of such a nature that nothing short of the mechanical restraint
of A's hand could have prevented the stab. A's act is a crime if ('•) is not
law. It is not a crime if (c) is law?

5. A suddenly stabs B under the influence of an impulse caused by dis-
ease, and of such a nature that a strong motive, as, for instance, the fear
of his own immediate death, would have prevented the act. A's act is
not a crime whether (c) is or is not law.

6. A permits his mind to dwell upon and desire B's death; under the in-
fluence of mental disease, this desire bee )mes uncontrollable, and A kills
B. A's act is a crime whether (c) is or is not law.

7. A, a patient in a lunatic asylum, uho is under a delusion thai his
finger is made of glass, poisons one of the attendants out of revenge for
his treatment, and it is shown that the delusion has no connection what-
ever with the act. A's act is a ciime.

D. K. Wallace, M. D., Superintendent North Texas Hospital for
Insane: —

Insanity is a psychic manifestation of brain disease. Mind capable of
discerning between right and wrong, and will power able to control the
emotions so as to do the one and refrain from the other, embodies my
idea of criminal responsibility as nearly as I can put it in few words.

Eugene Grissom, M. D., Superintendent North Carolina Insane
Asylum: —

Insanity ts a condition of the mind in which the faculties have been
impaired by a diseased condition of the brain. This is the definition I
have usually given as a witness in court. To a scientific body I would
S:-iy:

Insanity is a departure from normal ment;d life without adequate
recognizable causes therefor.

The difficulty of an unobjectionable definition of insanity is apparent,
because the pathology upon which it is dependent is not thoroughly
understood; it follows, therefore, that the definition can embrace only
phenomena or symptoms.
A. C. Reid., Supt. Nova Scotia Ilospitfil for Ipsane :

With regard to the " Definition of Insanity," had you asked me to define
it many years aizo I think I could have honestly and definitely given it to
my own satisfaction, but after eleven years of daily intercourse with and
close study in the treatment of the insane, I must confess that I cannot
give a concrete definition, as the elder Draper in. his physiology says :
" What life is we know not, what life does we know well." Put " insan-
ity " in place of " life'' in the above quotation, aLd you have my idea as

316 EDITORIAL.

clearly enunciated as I can give it, with this proviso that there are two ways
of looking at insanity, the one the individual as compared with himself , the
other, as he may be compared with some given type of the genus homo,
and you can easily see the difference may be very wide. This opens up a
subject so wide, that the more one tries to penetrate it the more he " gets
into the clouds," 1 would prefer to remain on ' terra " ^r^na though the
foundation could be scarcely classed asfirma.

With regard to the question of "right and wrong" (knowledge of) being
the basis on which to decide as to the guilt or otherwise of criminals, the
more I think of it, the more I read about it, the more firmly I become im-
pressed with the fact that I must be classed with the "old fogies." Some
years ago I felt, as I think most alienists now feel, ihat the judges are
behind the age, but I am yearly receding from the '* advanced point " and
I trust that for the sake of society (which is more to be considered than
any number of lunatic criminals) the judges will still cling to the question
of "right and wrong" as their basis for action. They have grasped the
*' kernel " of the controversy and I trust and believe thev will not let it slip
from them. I have gone through the cases, argumevts and opinions of our
greatest authorities, and feel that a great deal of it is special pleading in
favor of the in-ane and (as) against society. The late Dr. Grey's evidence
in the Guiteau cas' was, I thought, a most careful, scientific, accurate and
just synopsis of the subject. The lives of 1,000.000 Guiteaus would not
equal one of such as President Garfield, and I cannot conceive why society
should permit the possibility of anyone being so attacked, even "if the
country were lined with gibbets of slain lunatics" (this is a cop ed meta-
phor.) To my mind it is not a sufficiem answer to this question to say,
place them in confinement for life. My chief objection is on the score of
inhumanity. It is less cruel and more kindly to at once allow them to
enjov the pleasure's of heaven than live for years in prison. " Do unto
others as you would," etc., would regulate my actions in any given case.
Again, suppose such a lunatic were to recover, it would not be just or in
consonance with advanced science to keep him longer under restraint. If
again liberated, then is society exactly in the position it was before the
crime was committed, and the "recovered" lunatic may play the same
prank over again.

Tersely put, society has no use nor convenience for a class who, knowing
what u wrong, have not the will power to prevent themselves from doing
wrong. It is useless to imprison them and as far as punishment, for what
is assumed to be no crime, why not allow them to sleep, on and on, in this
world at least. So far I have not opened up a subject deserving of serious
consideration, the influence of such a class amongst lunatics of a different
stamp. Murdered superintendents and attendants of asylums show the
danger, I would rather say folly, or sin, of such judicial action. I feel
confident that society should insist, that every one guilty of intentioial
homicide, sane or insane (I can see but little difference in the term as illus-
trated by real life) sb<>uld be so disposed of, that there wou'd be no possi-
bility of that one again committing such an act. They should be prepared
as well as possible for their enjoyment of the future life, and then sent
there in the least repugnant and cruel manner.

EDITORIAL.

317

From the most careful reasoning I cannot help but think that the arsiu-
ments brought forward to show want of " will power" in so called insane
homicides could, wirh but little stretching, include nine-lenths of the whole
lot. and as a reaction from that type of legal decision we v^ould have
*' Judge Lynch," the " White < aps" or similar form of (I was going to say)
medical jurisprudence.

Daniel Clakk, M.D., Supt. Insane Asylum, Toronto, Canada :

" Insanity is a fixed physical disease which affects and controls abnorm-
ally the language and conduct of an individual. ' I call it "fixed" to
distinguish it fro'n the transitory effects of toxic agents, the delirium
of fever, or the passing mania from traumatic injury, or from inflamma-
tory conditions. I attach specific meanings to each word in the definition.
The best test of criminal or legal responsibility is included in the above
definition. If a man's language and conduct are controlled abnormally {i.e.
is the man not himself?) from disease, then is he irresponsible. If there be
the smallest thread in the warp or woof of a mind not normal, then it is im-
possible to say how far it may affect the whole mentality of an individual.
Of course the ethical test is supreme nonsense as far as seen in the mental
condition of a large number of the insane. The ability to do or not to do,
in other words, the can or cannot in specific acts, determines the quality
of such as far as responsibility is concerned.

Alexander Wilder, M.D. : —

" Insanity is disorder of the volitional nature, attended by moral and
physical disturbance. Whatever, therefore, impairs the force of the will,
does so much toward rendering the individual not a moral agent. The
emotional department of our being is the chief seat of the mischief, and the
impairment of vital energy the first physical departure."

As you are seeking definitions in brief, this above belongs only to the
two first lines. I will give you that of Dr. Spurzheim, who introduced the
Science of Phrenology into America :

*' Insanity is the incapacity of distinguishing the diseased functions of the
mind, and the irresistibility of our actions, or the loss of moral liberty."

"Wenre not ourselves when Nature, being oppressed, commands the
mind to suffer with the body."

** Inordinate passion of every sort is itself a madness. We know it to be
so of anger, and hence how often we call an angry person mad.''

" When we let our imagination drift at the impulse of every mental sug-
gestion, especially at tlip prompting of inordinate love of applause, jealousy,
greed, or even purer affections, we give up our sanity and make ourselves
a prey, not merely to vain imaginings, but to more terrible guests."

When we can agree to mass together like men the little we each know on
these matters, it will be easier to do something for the benefit of these most
unfortunate of human beings.

Absolute Signs of Death.
Dr. B. Ward Richardson recently read a paper before

318 EDITORIAl .

the Medical Society of London of singular value upon
this subject. It is too long for our columns. He gives in
detail ten proofs that made would demonstrate that
life was extinct.

At the close of his paper, of which an abstract is given
in the London Lancet, December 15, 1888, he recom-
mended the practical application of five tests, in the fol-
lowing order :

1. Apply the fillet to the wrist and examine the veins at the back of the
hand. 2. Open a vein at the bend of the elbow and seek for stringy co-
agula; open, if necessary, two or more veins. 3. Apply the elecric test,
4. Inject ammonia hypodermically. 5. Examine by strong light for ab-
sence of red color from the transparent tissues. 6. If any doubt still re-
mained, and rigor mortis had not developed, let the body be kept in a
dimp room at 84^ F. ; this vvould speedily bring about decomposition if
the body were dead, and would favor recomposition or restoration if life
were not extinct. This last test had the great recommendation that it could
be carried out in those cases where it was forbidden to touch the body.

Personal.

Dr. Cowan, Superintendent of the Insane Asylum,
at Dordrecht, Holland, has been unanimously elected a
member of the International Committee on Classifica-
tion of Mental Diseases, by the Society of Mental Medi-
cine, of Belgium, on the recommendation of The Neder-
landsche Psychiatrische Vereeniging, in place of Dr.
Eamaer, deceased.

Dr. Victor Desguin has been appointed Medical Super-
intendent of the Insane Asylum at Antwerp, Belgium,
Dr. Desguin has a world-wide reputation as an alienist,
and it is a rare piece of good fortune for the authorities
that such services can be secured for the insane, of the
chief maritime city of Belgium.

Dr. Emile Compereen has been appointed Medical
Superintendent of the Insane Asylum at Bouchot, Bel-
gium.

editorial. 319

Medical Jurisprudence in Belgium.

We notice with pleasure that our gifted colleague, Dr.
Semal, has moved fc;r the formation of a section on
Medical Jurisprudence, in the Belgian Society of Mental
Medicine.

The proposition was favorably received, was supported
by Dr. Jules Morel and Dr. Lentz, and it was decided to
invite the M(^dical Jurists of Belgium to co-operate in
their labors.

It is the first, and a most important step towards a
Medico-Legal Society in Belgium.

We should be glad to see similar action in the British
Medico-Psychological Society.

Expert Testimony and Medical Experts.

Dr. Orpheus Everts contributed a valuable paper on
this subject, which was read before the Section on Medi-
cal Jurisprudence at the last annual meeting of the
American Medical Association.

We quite agree with Doctor Everts

" That Doctors o Mediciae as such are not experts ia the jurisprudence
of insanity." He says, *' But few general practioners of medicine have
either the opportunity or disposition to qualify themselves as experts in
this branch of Medical Jurisprudence, and but few voluntarily appear in
court, pretending to be such.''

We should go father, and say: '^ That a physician
who has not had actual contact ivith and charge of the
inbane, either in asylums or institutions, ought not to he
regarded as an expert in insanity cases. "

The law of this State makes any person who has the
degree of M. D. and three years' practice competent to
certify a citizen into an asylum.

This is quite absurd. Dr. Stephen Smith, in his pro-
posed new bill, while advancing the strongest arguments
in his accompanying remarks for requisite qualifications

320 EDITORIAL.

in ''examiners Jn lunacy," still leaves this very objec«
tionable clause in the proposed law.

The law should provide that no one should be made
an examiner in lunacy, who is not qualified for that
position by study, experience and knowledge of that
subject.

Paris International Congress of Mental Medicine.

Prof. Brouardel has taken the Presidency of this Con-
gress, which assembles in Paris, August, 1889, under the
auspices of the French Society of Psychological Medi-
cine. Dr. Eitti is the Secretary, and the committee of
arrangements contains such names as Falret, Benj.
Ball, Magnan, Motet.

The session will occupy six days, and contributions
are solicited from all countries. The discussions will be
confined to members of the Congress who write by cor-
respondence with the Secretary, Dr. Eitti.

The International Congress of Medical Jurispru-
dence IN New York.

This Congress will open in the City of New York
under the auspices of the Medico-Legal Society, on the
first Tuesday of June, 1889.

Delegates and visitors from abroad or from other
States will be the guests of the Medico-Legal Society
while in New York, and will be entertained by members
of the Society by assignments made on notice to the
Committee of Arrangements.

It is important that the title of papers to be submitted,
be sent to the President of the Medico-Legal Society as
early as possible, so that they may be announced and
properly arranged upon the general programme.

As a large number of papers have been already prom-

EDITORIAL. 321

ised, and far more than can appear in the Medico- Legal
Journal, the transactions and all the papers will be pub-
lished and furnished to subscribers in a volume, at $2.00
per copy in cloth, and $1.50 in paper covers, provided
enough subscriptions are received to w^arrant the same.

Scientific Journals and the public press have widely-
noticed this Congress, in this and in foreign countries.

From abroad, several prominent scientists are unable
to determine so early, whether they will be able to visit
America in person, or send on their papers to be read at
the Congress. It would be at the present moment a
very imperfect list, if we should give one, of delegates
from foreign countries.

Fears were expressed at one time that the Paris Con-
ferences next year would prevent some of our most emi-
nent confreres from attending in person ; but as the
Paris sessions on scientific questions will be mainly held
in August, the dates will not conflict with our Congress,
commencing the first Tuesday in June. Foreign visitors
can come out at the end of May, and return in the latter
part of June or in July in abundant season for the Paris
Congress.

Our own members going abroad will not be detained
by our Congress, as few will sail before the end of June
or early July, while those desiring to visit the Paris
Conferences can leave late in July and still be in good
season. We give an imperfect and partial list of those
who have promised to read papers before the Congress
in June, 1889 :

Clark Bell, Esq., of New York.

Chas. H. Hughes, M. D., Editor of Alienist and Xeii-
ralogist.

W. W. Godding, M. Supt. Gov. Insane Hospital,
Washington, D. C.

322 EDITORIAL.

Fred. Peterson, M. D., of New York.

Albert Bach, Esq., New York. .

Frank H. Ingram, M. D., of New York. '

F. Beltzhoefer, Esq., of Carlisle, Pa.

Bennc Loewy, Esq. , of New York.

Ex-Chief Justice Noah Davis, of New York.

Judge Montgomery, of the Supreme Court of Wash-
ington, D. C.

Judge H. M. Sommerville, of Supreme Court of Ala.

Dr. Wm. A. Hammond, of Washington, D. C.

M. Ellinger, Esq., of New York.

Kev. Wm. Tucker, LL.D., of Ohio. j

C. A. F. Lindorme, M. D., of Florida. ^

John H. Wigmore, Esq., of Boston.

Dr. J. D. Moncure, of Williamsburg, Va.

A. B. Eichardson, M. D., of Athens, 0,

A. Wood Eenton, Esq., of London.

Judge W. H. Francis, of Bismark, Dak., ^^ Expert
Testimony in Homicide Cases. ^'

Chas. K. Allison, Esq., of New York.

Austin Abbott, of New York.

S. Hepburn, Jr., Esq., of Carlisle, Pa.

Eugene Grissom, M. D., Supt. N. C. Insane Hospitals

Joseph Jones, M. D., of New Orleans.

Prof. John J. Eeese, ' ' Live Birth in its Medico-Legal
Eelations."

W. Lane O'Neill, Esq., of New York.

Dr. Stephen Smith, Late State Commissioner on Lun-
acy, of New York.

Prof. C. H. Boardman, of St. Paul, Minn. I

Dr. Y. E. Le Monnier, Coroner of New Orleans.

Dr. Norman Kerr, of London, has completed his paper
for the June Congress, entitled : ^ ' Criminal Eesponsi
bility in Narcomania."

EDITORIAL. 323

As it is quite difficult to write personal letters to our
honorary, corresponding and active members inviting
contributions of papers for the Congress, it is to be
hoped that every one will regard himself as expected to
respond, and to write the president if willing to attend,
or to contribuie a paper when unable to do so.

The detailed programme of the Congress will be sent
by circular to members and to the press in ample time
before the session.

First Volume of Medico-Legal Papers.

This volume has been a long time out of print, and
although we offer $5.00 per volume for it to fill orders,
we are unable to obtain it.

We have decided to print a new edition of this work.
It contains also, portraits of prominent early members
of the Society.

This edition will be limited to actual subscribers, and
will be furnished for $3.00 in muslin and $2.50 in paper.
It will contain 550 pages besides the additions.

New members will please send in their names to Mr.
Clark Bell, 57 Broadway, N. Y., as the work will be sent
to subscribers in the order .received.

The Prize Essays.

As it is impossible to publish all these papers in the
Journal, it has been decided to publish them in book
form, so that the members of the Society can obtain
them together. The work will contain the three essays
which were awarded prizes, and those which were
awarded honorable mention, and some of those which
were considered by the Committee that are regarded of
value to both professions.

Subscribers will be first served at 50 cents in cloth,
and 35 cents in paper. Members desiring them will
please send orders to this Journal.

RECENT LEGAL DECISIONS.

SYPHILIS COMMUNICATED TO WIFE BY HUSBAND NOT PUNISHABLE UNDER
ART. 24 AND 25 VICTORIA, CAP. 100. (THE PERSON ACT).

In this case the prisoner was charged under the
Offenses against the Person Act, 2i and 25 Vict., cap.
100, on two counts, with inflicting grievous bodily harm
upon his wife, and with an assault, he having commu-
nicated to her a disease. He was convicted at the
Central Criminal Court, but the question of whether he
could be properly convicted under the statute was re-
served for the consideration of this Court, and was
argued last term, the judges not being unanimous.

Mr. Justice Wills, the junior judge, first delivered
judgement. He said that he was of opinion that the
conviction should be quashed. No mention was made
in the statute of this class of offences, and the alteration
of the criminal law involved, if the conviction were
affirmed, would have very widespread consequences.
A wide door would be opened to inquiries, not of a
wholesome kind, in which the difficulties in the way of
arriving at the truth were enormous, and a new field of
extortion, and perhaps oppression, would be opened.
Such an extension of the criminal law should be made
by the Legislature, and by the Legislature only. If the
conviction were upheld it raised a question as to persons
communicating small-pox or scarlet fever, whereas it
was clear that what the Act contemplated was personal
violence.

Justices Smith, Malhew, and Grantham also were in
favor of the conviction being quashed.

RECENT LEGAL DECISIONS. 325

Mr. Justice Stephen said that if the principle involved
in the conviction was right, it must apply to women as-
well as men, and unmarried women as well as wives,
and to diseases of any kind communicated by one per-
son to another, and a man who had scarlet fever and
shook hands with another might be indicted under these
sections. He did not think there was grievous bodily
harm or an assault of the nature contemplated by the
statute. The abominable nature of prisoner's conduct
could not, however, be exaggerated, but the question
should be dealt with by statute. He was. therefore, of
opinion that the conviction should be quashed.

Mr. Justice Hawkins was of opinion that the conviction
should be affirmed. Prosecutions for injuries caused
by a kiss or shake of the hand where it was not done
maliciously would not be tolerated in any criminal court,
but he could conceive cases where these acts were done
maliciously, and where proceedings might be taken.
He did not think the consequences shadowed forth by his-
learned brothers would follow if the conviction were
upheld, and he could not be a party to a judgment which
would proclaim to the world, that under the law of
England, in the year 1888, a man might maliciously be
guilty of such barbarity and not be punished. He
thought the conviction should be confirmed.

Mr. Justice Day, who was absent, concurred, it is
said, in this judgment.

Mr. Justice Manisty, Mr. Baron Huddleston, and Mr.
Baron Pollock were in favor of quashing the conviction :
while Mr. Justice Field thought it should be affirmed,
as did also Mr. Justice Charles, who was absent.

The Lord Chief Justice said that for some time he
thought the conviction should be affirmed, which he
was sure everyone would desire if it could be done with-

326 RECENT LEGAL DECISIONS.

out violating the principles of sound law and construc-
tion. It seemed, however, impossible in that event to
deny that a conviction could be sustained if a father or
a relative infected a child with small pox by kissing it
they knew they had the disease and the child had not.
There being nine judges in favor of quashing the con-
viction, and four only supporting it, the conviction was
quashed, in accordance v^ith the view of the majority.
Conviction quashed accordingly. — British Medical
Journal, Nov. IT, 1888.

TOXICOLOGICAL.

Canneu) Vegetables and Lead Poisoning.

At periodic intervals, cases of supposed or suspected
lead poisoning from eating canned fruits appear in the
lay, and occasionally in the medical press. On being
traced they always disappear, and so far as we have
been able to learn, no well authenticated fatal case of
lead poisoning has ever occurred from the use of tinned
or canned meat or fruits.

Professor A TTFiELD has well stated "that the public
have not the faintest cause of alarm respecting the oc-
currence of tin, lead or other metals in canned goods."

And now comes Dr. Fallon Percy Wigh rwicK to the
London Lancet and reports three cases which seem to
him to justify the medical profession in sounding an
alarm against the use of tin in preserving fruit.

On looking into his cases, however, they fail to impress
us as sustaining his theory.

One was a case of indisposition after an attack of
gout, the sympfco us of which resembled lead poisoning,
and inquiry showed that the patient for three years ate
two tins of canned tomatoes per week, from which the
theory is expressed and the conclusion drawn that his
trouble must have been due to the tin !

He cites two cases of a mother and daughter, who for
three years had also eaten large quantities of canned
tomatoes, in each of which cases, where he diagnosed in
the mother gemal malaria and occasional colic and gout,
which he believes to be lead poisoning, and he charges.

;^28 TOXICOLOGIAL.

it to the canned tomatoes so largely eaten in the past
three years.

The proof is very wide of the mark, as is usual in all
the cases we have ever known or heard of being traced.

Poisoning by Laburnum.

Dr. Alexander Stewart, L. K. Q. C. P. I.', reports the
following case in the British Medical Journal of Decem-
ber 15, 1888.

*' On October, 23d, my principal. Dr. Lambert, and I
were called to attend a child, G. K., aged 2i years, who
three hours previously had swallowed a large number of
the seeds of the common laburnum {cytisus laburnum).
The mother discovered the seeds about its lips, and
promptly administered an emetic of mustard, which
caused the child to vomit a large number of the seeds, be-
tween thirty and forty. The child, however, gradually
became worse, and on our arrival was in a semi-coma-
tose condition, the pupils contracted, and the skin pallid
and cold, the pulse feeble and quick (140). There were
no convulsions. Emesis was produced by mustard and
by irritation of the fauces, with the result that between
twenty and thirty of the seeds were ejected. Under
the influence of stimulants the child recovered in a few
hours.

The peculiar points of the case are (I) that the pupils
were contracted and (2) that there were no convulsions."

TRANSACTIONS.

MEDICO-LEGAL S0CIET7.

A regular meetiDg of the society was held at the Buck-
ingham Hot'^l, Septemher 12th. The President, Mr. Clark
Bell, presided, and the attendance was unusually large.

The following candidates for membership, approved
by the Executive Committee, were unanimously elected:

Geo. H. Benjamin, M.D., proposed by Roger Foster;
Herman F. Nordeman, M.D., New York, proposed by
Benno Loewy, Esq.; Samuel B. Page, Esq., Woodsville,
N. H., proposed by Dr. G. P. Conn., and the following,
proposed by Clark Bell, Esq. : — John M. Harcourt Steele,
Dakota ; T. A. Atchison, Esq., of N. Y. ; P. P. Talley,
M.D.. Belton, Texas; H. L. Orme, M.D., Los Angeles,
California; R. D. Murray, M.D., U. S. Marine Hospital,
Key West, Florida ; Charles A. Barnard, M. D., Centre-
dale, R. I.; Lucius F. C. Gavin, M.D., Lonsdale, R. I.,
Georgo D. Wilcox, M.D., William H. Palmer, M.D.,
Providence, R. I.; Frank B. Fuller, M.D., Pawtucket,
R. L; Hen;y E. Turner, M.D., Newport, R. L; D Stuart
Lyon, M.D., Winnimissett, Florida; J. W. E. Smith,
M.D., Jasper, Florida; Judge William H. Francis, Bis-
mxrk, Dakota; Jamss Simpson, M.D., San Francisco,
Cilifoniia ; A. B. Arnold, M. D., Baltimore, M.D.; James
0. Broadhead, Esq., St. liOuis, Mo.; E. Mather, M. D.
Rotherdam, England.

Dr. Angel M. Alvarez Taladriz, Valladolid, Spain, was
elected a corresponding member. .

330 TRANSACTIONS.

The President stated that he had received the titles of
a number of papers to be read at the proposed Interna-
tional Congress, and presented a copy of the new Medico-
Legal Spanish Journal, which referred to the Congress
and to the Medico-Legal Society. The publication was
referred to D. M. Fernandez. (Re vista de Antropologia
Criminal Ciencia Medico-Legalis).

Tae President announced the reorganization of the
Committee on Hypnotism, as follows :

Frank H. Ingram, M.D., chairman ; Frederick Peter-
son, M.I)., Emmet C Dent, M.D., Benno Loewy, Esq.,
and Geo. F. M. Bond, M.D.

Dr. T. D. Crothers, of Bartford, read a paper entitled
^'Should Inebriates be Punished by Death for Crime ? "
This was discussed by Mr. E. W. Chamberlain, Dr. Lucy
M. Hall, Dr. Isaac M. Quimby, Dr. Frank H. Ingram^
Mr. Clark Bell, Dr. Clelaiid and Dr. Siiephard.

^^ Physiology and Psychology of Crime," a paper by
Rev. Wm. Tucker, D.D , of Mount Gilead, Ohio, was
read by Wm. Mac Arthur, LL.D.

The President, with the consent of the Society, ap-
pointed the following members as the Committee on
best method of inflicting the death punishment by
electricity :

Frederick Peterson, M.D., chairman ; Prof. R. Ogden
Doremus, Frank H. Ingram, M.D., J. Mount Bleyer,
M.D., and Elbridge T. Gerry, Esq.

A communication from Morris H. Stratton, Esq., of
Salem, N. J., was received too late to be read. It was
referred to the Executive Committee.

Adjourned.

Frank H. Ingram,

Asst. Secretary.

TRANSACTIONS. 331

OCTOBER MEETING.
Presidency op Clark Bell, Esq.

October 8th, 1888. — Society met at Backingham Hotel.

The minutes of the September meeting were read and
approved. The following gentlemen, proposed by Pres-
ident Ball, were, on recommendation of the Executive
Committee, duly elected as members of the body:

active mrmbeks.
William M. Knapp, M D , Superintendent of Nebraska
State Insane Hospital Asylum, Nebraska; Hon. Charles
Fowler, ex-State Senator, Kingston, N. Y. ; Arthur J.
Wolff, M. D., Hartford, Conn.; Milieu Coughtry, M. B.
C. M., Professor of Anatomy, University of Otago, New
Zealand; A. B. Richardson, M. D., Superintendent Insane
Asylum at Athens, Ohio.

corresponding members.
Dr. Bettincourt Rodriguez, Editor Revista de Neurol-
ogia; E. Psychiatria, Lisbon, Portugal; Dr. Semal, Medi-
cal Superintendent Insane Asylum, Mons, Belgium.

The paper of the evening was then read by the presi-
dent in the absence of Dr. T. R. Buckham, on " Right
AND Wrong Tests in Insanity Cases." Moritz Ellin-
GER, Esq., made an address upon "Hypnotism," which
was discussed by the president, Mr. Morris H. Stratton
and Mr. Albert Bach.
The Society adjourned.

Albert Bach,

Secretary.

NOVEMBER MEETING.
Presidency of Clark Bell, Esq.
A regular meeting of the Medico-Legal Society of
New York was held Wednesday evening, November 14,

332 TRANSACTIONS.

1888, at the Hotel Buckingham, President Clark Bell in
the chair.

The minutes of last meeting were read and ap-
proved.

The following gentlemen, proposed by the President,
duly recommended for membership by the Executive
Committee, were elected active and corresponding mem-
bers, respectively :

Active : Prof. Frank S. Billings, State University,
Lincoln, Nebraska; J. H. Callender, M.D., Sup't. Cen-
tral Hospital for Insane, Nashville, Tenn.; G. F. M.
Bond, M.D., Sup't. at Ward's Island, N. Y.; S. Bishop,
M.D., Sup't. State Insane Asylum, Reno, Nevada ; W.
A. Hall, M.D., Professor of Medical Jurisprudence,
Minneapolis, Minn.; W. J. Scott, M.D., Cleveland,
Ohio; P. E. Smith, M.D., Sup't. Lunatic Asylum, St.
Jooeph, Mo.; Wm. C. Wey, M.D., of Elmira ; Her-
schell Waite, M.D. ; Judge Richard B. Westbrook, of
Philadelphia ; Dr. Wm. A. Ward, Conneant, Ohio, and
Dr. John W. Waughop, Sup't. Lunatic Hobpital, Fort
Stillacoom, W. T.

Dr. Guiseppe d'Abundo was elected a Corresponding
Member, of Pisa, Italy.

Professor Thwing read his paper on Euthanasia in
Articulo Mortis, which was discussed by several of the
members present, including the Hon. Noah Davis, Dr.
Stephen Smith, and President Clark Bell.

President Bell read the paper of A.Wood Renton, Esq. ,
on *' Testamentary Capacity in Mental Disease."

The Report of the Committee on Prize Essay Awards
was read and accepted.

The prizes were awarded as follows :

First — John H. Wigmore, Esq., of the Boston Bar,
^' Circumstantial Evidence in Poisoning Cases."

TRANSACTIONS. 333

Second — J. Hugo Grimm, Esq., of the St. Louis Bar,
^' Insanity as a Defense to the Charge of Crime.''

Third — Ed. M. Heyser, Esq., of Jamesville, Wis.,
^ ' The Insanity of Childbirth in its Relations to Infanti-
cide."

Honorable mention was made of the paper of John
H. Wigmore, " Admissibility of Medical Books in Evi-
dence ; " of Dr. Edward Payson Thwing, ''A Clinical
and Forensic Study of Trance ; " and of Clark Bell,
Esq., " Belgium and Her Insane Institutions."

The Report of Committee appointed to determine the
best method of execution of criminals by electricity was
received, discussion being deferred until December, 1888,
meeting.

A communication from William B. Franklin, Esq.,
U. S. Commissioner General, and Somerville P. Tuck,
Assistant U. S. Commissioner General of the U. S.
Commission to the Paris Exposition of 1889, inviting
the Society to attend the Exposition and participate
therein, was read and ordered on file. A Commtitee to
take charge of matters under the communication was
directed to be appointed by the President of the Medico-
Legal Society.

The following nominations were made, pursuant to
the provisions of the by-laws :

For President, For Corres. Secretary, For Chemist,

Clark Bell, Esq. Moritz Ellinger, Esq. C. A. Doremus, M.D,

Stephen Smith, M.D.

For \8t Vice-President, For Treasurer, For Trustee.

W, G. Stevenson, M.D. E. W. Chamberlain, Esq. J. Mount Bleyer. M.D.

Benno Loewy, Esq. Matthew D. Field. M.D.

Roger Foster, Esq.
For 2d Vice President, For Librarian, For Perm. Commission,

W. W Godding, M. D. Charles F. Stillman, M. D. Col. R. J. Ingersoll., .Esq.

Prof. R. O. Doremus, M.D-
For Secretary. For Asst. Librarian,

Albert Bach, Esq. Benno Loewy. Esq.

For Asst. Secretary, For Curator d' Pathologist,

Frank H. Ingram. M.D. Frederick Peterson. M.D.

334 TRANSACTIONS.

Vice Presidents for the States, Territories and Colonies.

Alabama— Judge H. H. Somerville. Montgomery. Minnesota— Hon. C H. Davis. St. Paul.

Arkansas— P. O. Hooper, M. D., Little Rock. Missouri— Judge J. C. Normile, St. Louis.

California— W. W. McFarlane, M. D.. Agnew. Mississippi— Dr. C. A. Rice. Meredien.

Colorado— H. Charles Ullman, Esq., Denver. Nevada-Jos. H. Stites, M. D., Belmont.

Connecticut— Dr. Henry P. (ieib, Stamford. Nevv' Hampshire— Hon. Daniel Barnard, Franklin.

Dakota— Judge William H. Francis, Bismarck. New Jersey— Gov. R. S. Green, Elizabeth.

Delaware— New Zealand -Prof. Frank G. Ogston.

District of Columbia— Judge M. V. Montgomery, Nebraska— Prof . Frank S. Billings, Lincoln.

Washington City. New York— A. E. McDonald. M. D., New York City.

England— Prof. Arthur P. Luff. North Carolina— Kugene Grissom, M. D., Raleigh.

Florida— Dr. King Wylly, Sanford. Ohio--W. J. Scott. M. D , Cleveland.

Georgia— Dr. Eugene Foster, Augusta. Pennsylvania- Hon. Henry M. Hoyt, Philadelphia.

Hlinois— Dr. E. A. Kilbourne, Elgin. Rhode Island— Henrv E. Turner, M. D., Newport.

Indiana- -W. B. Fletcher, M. D., Indianapolis. South Carolina— Dr. Middleton Michel, Charleston.

Iowa— Dr. Jennie McCowen, Davenport. Texas— Hon. Gustave Cook. Houston.

Kansas— Tennessee— John H. Callander, M. D., Nashville.

Kentucky— Dr. D. W. Yandell, Louisville. Vermont— Dr. J. Draper. Brattleboro.

Louisiana— Dr. Joseph Jones. New Orleans. Virginia— Dr. James D. Moncure, Williamsburg.

Manitoba— Prof. H. Ausbrey. Husband. Washington Ter— Ex-Gov. Wm. C Squire.

Maryland— H. B. Arnold, M. D., Baltimore. West Virginia—

Massachusetts-Ira Russell, M. D., Winchenden. Wisconsin -S. B. Buckmaster, M. D., Mendota.
Michigan— Victon C. Vaughn, Ann Arbor.

There being no further business before the Society, it
adjourned.

Albert Bach,

Secretary.

DISCUSSION OF pE. THWING'S PAPER,
EUTHANASIA IN ARTICULO MORTIS.

Mr. Albert Bach : The paper is a very interesting
one. The proposition, as I understand it, is this : Has
a medical mm, in a case v^here death is inevitable and
attended with great suffering, the right to relieve the
pain by hastening death ? Are there any circumstances
under v^^hich a medical man has the right to shorten life,
deliberately, even at the request of the patient, where
death is inevitable ? In many cases where animals have
met with severe accidents and are suffering greatly, it is
humane to kill them. Has a medical man no right to
hasten death for the purpose of relieving suffering?
*^ We have," says Benjamin Franklin, ^S^ery great pity
for an animal if we see it in agonies and death throes.
We put it out of its misery no matter how noble the ani-
mal." Does it not seem that we should have the right to
relieve the pain of one who inevitably must die ? It

TRANSACTIONS. 335

seems to me that after the calhng in of a number of em-
inent physicians in consultation, as to one suffering from
a positively fatal and incurable disease, and in great
agony, that a physician is justified in giving to such a pa-
tient an anaesthetic to enable him to quietly pass away; for
it seems to me inhuman for a physician not to do so when
he knows that there is no relief for that pain. There
was a lady friend of mine, who died from diph-
theria, who wrote on a piece of paper, ' ' Please put me
out of my misery ; I am choking to death," but the phys-
ician would not do anything, and she choked to death.
Now what moral wi ong is there in putting an end to
pain and suffering consequent on the existence of a dis-
ease known to be incurable so far as scientific opinion
can make anything absolutely certain ? If the physician
admits that he can do nothing to relieve this dying agony,
is not that helplessness to the mind of every human
sympathetic person more horrible to contemplate than
the giving of an anaesthetic to relieve the conscious
agony ? There are, indeed, automatic motions which
simulate suffering when the patient is unconscious,
then there would be no justification in the administra-
tion of an anesthetic. But where the physician knows
that the patient is suffering intensely and must soon die,
I say that it is humane to put that person out of his aw-
ful agony and let him die in peace.

Judge Noah Davis : Is a physician justified in taking
life under any circumstances ? What the law is upon the
subject I have no hesitation in answering. Human life is
held so sacred by the law that there are no possible cir-
cumstances where any human being is justified in pur-
posely taking the life of another human being. The law
sacredly guards and protects the right of all and every
person to his life. If a doctor, therefore, should ask me

336 TRANSACTIONS.

if, under any circumstances, he would be at liberty, if
the person inevitably must die, to use any medicine or
anaesthetic, or perform any operation, which would un-
doubtedly kill before the disease killed, I should tell him
that he had no legal right to do anything of the kind.
The deliberate intention of terminating life would make
him guilty of the crime of murder. I can easily conceive
of circumstances where a person's death is deemed to be
inevitable and intense agony accompanies dissolution,
in which a doctor might be justified in using anaesthetics
for the purpose of relieving pain, which will, during
the struggles of death, make the patient's condition
easier, so that the friends around him may be relieved
from the suffering they themselves endure, as well as
the patient who is about to die. To be justified by
law the motive must be simply to relieve the pain of dis-
solution. The doctor has no right to administer any thing
with the intention of terminating life. He may be en-
tirely satisfied that life can continue but a few hours or
minutes ; he may think that it would be just as well to
put the patient out of existence by an operation, but he
has no right to do it for that purpose ; yet he has the
right to relieve suffering up to the last extremity. Of
course, he may operate if he believes the patient may
have a better chance for life, and I suppose to a doctor's
mind that distinction would be as clear as it is to mine.
I do not know of any doctor who has ta^ken upon him-
self to terminate human life, because he saw that the
life must shortly go out in great agony. It is true we
feel ourselves at liberty, in the cause of humanity, to
destroy the life of animals when suffering from an ac-
cident, and it is often done when an animal is very
old. The great object of the medical man is the preserv-
ation of humanity. The great aim of the noblest of all

TRANSACTIONS. 337

professions, as I regard it, is always to preserve life, to
prevent disease, to protect human beings from suffer-
ing, as far as possible ; but the lav^ has not qualified
a body of gentlemen, w^ho adopt this profession, with
the right under any circumstances to terminate life. It
aids them, protects them, under all circumstances,
where they are carrying out the great purpose of their
profession in the relief of human suffering, the cure of
human disease, and the preservation of human life.
Again, it would be a very unsafe proposition to intro-
duce into the law, that doctors may make themselves
judges when standing at the bedside of the patient,
whether or not the patient must die and thereupon
terminate life in order to save pain. It would be a very
dangerous power to assume under such circumstances.
Doctors are not infallible. They may judge the patient
to be in the extremest danger and the case to be abso-
lutely hopeless, yet many such patients have recovered,
when friends as well as physicians have given up all
hope. It would be unsafe, I think, to entrust any one
with such a power as that of destroying life to prevent
suffering. Great mistakes might follow from it. Lives
might be destroyed which the disease would not have
terminated ; and what a terrible thing it would be for
us in a case where a doctor had destroyed life to save
pain if it should be ascertamed that the life would
otherwise have been saved ! It would be an extremely
dangerous experiment to introduce into the law of the
land, the right to take life by deliberately shortening
it by an hour or a day. It is not an uncommon thing
for a patient to ask for the application of some means or
medicine to prevent suffering from the pangs of death,
yet doctors all shudder and draw back, and do not use
the means under such circumstances. This is all I have

338 TRANSACTIONS.

to say on such a serious subject ; I do not think the law I

ought to be changed.

Mr. Bach: " Where would you draw the line between
the right of the physician to administer an anaesthetic to I

give relief, which relief would be practically death, and
giving it to kill ? How can you determine what is in-
tended ? In any event, if he had the right to apply it to
give relief, how can you establish that his intention was
to kill ? How can you establish the fact that the man
intended to do anything more than give relief, even if
the patient died ? If he has the right to give relief, how
can you determine that his intention was to kill — as a
matter of legal responsibility ?'*

Judge Davis : ^ ' I would not determine it at all. I
would not undertake to draw the line. An intelligent,
honest, faithful physician can easily draw it for himself.
His mind would be clearly fixed as to the administration
of an anaesthetic for the purpose of relieving pain. He
would be certain as to the extent of the relief to be ad-
ministered, and the amount of the anaesthetic needed by
the, patient. His motives in all such cases must be pure.
As to his intention, whether it be to kill or not might
be extremely difficult to determine. Perhaps some doc-
tors do act with the intention to kill. I maintain that
the profession to which such a doctor belongs should
make it hot for him. Now, if the law admitted that for
the purpose of making a man's death easier the use of
anaesthetics with intent to kill is proper, I think its ap-
plication would be extremely dangerous. There can be
no rule but the simplest one — that the doctors must
never kill under any circumstances — and the rule should
be always to save, to cure, to preserve life. Ordinary
doctors unfortunately often do kill, as I verily believe,
by mistaken advice and misapprehension on their own

TRANSACTIONS. 339

part, or by innocently using medicines made up by a
druggist who does not know his business. But in all
such cases, they do not intend to kill, so there is nothing
criminal; but they should never have any legalized
effort to destroy human life.''

Dr. Stephen Smith : *^I can simply say from my own
experience and teachings that no physician should,
under any circumstances whatever, shorten life if he can
avoid it. He does shorten life — there is no doubt about
that — in a great many instances, in the endeavor to
save and lengthen life ; but the physician has no
right to shorten life, even for an hour, to relieve
pain or prevent suffering. There are cases which throw
great responsibility upon the surgeon especially, and in
which the decision of the patient is always taken. The
patient is suffering, perhaps, from a disease which will
terminate fatally, and an operation may relieve him and
lengthen life three, or four years, or even for a longer
period. The operation in itself is very dangerous, and
the chances are only one in ten that the patient will
survive; in such a case as that it is not an uncommon
thing to submit the case to the patient. If he chooses
to take the chances, the operation is performed.
These are not very unusual cases, and the operations
are justified in the judgment of surgeons and the
world, for it is an attempt to save life and prevent pain
though by a very dangerous remedy, and one that in
many cases is more apt to prove fatal to life than to save
it. I do not know exactly how Judge Davis' law would
apply in those cases in which the patient's opinion is
taken and his judgment followed, but the surgeon feels
that he has relieved himself of all responsibility. I as-
sisted at an operation a few weeks ago where a gentle-
man from the West suffered from a cancerous disease

340 TRANSACTIONS.

wliich did not cause him a particle of pain. The only
remedy was an operation which in nine cases out of ten
would prove fatal. He was in fine health otherwise,
and was enjoying life with wealth and everything to
make him happy. The question was put to him whether
he would submit to an operation and take his chances of
recovering. He decided that he would, and died the
next day. The intention was to save life. The doctors
thought that after the operation the disease might never
return ; without the operation he would certainly die
within a few months in great agony, and he had prob-
ably reached the point where his sufferings were about
to begin. It was a tremendous shock to me — he seemed
so strong and well. But he was bound to die. One
thing I can say: with the medical profession human life
is so sacred that a doctor will even sacrifice his own life
to save his patient. That is done of tentimes. " .

Dr. Dwyer: ^'I was very happy to hear Judge Davis
give us in so lucid a manner his opinion on this subject,
but I would like to ask the following question : There is
one particular occasion where human life is taken where
the life of the mother can only be saved by taking the
unborn child from her. A great many physicians deem it
is wrong, and although the discussion is not on this sub-
ject, I should like to hear whether it is legal or not —
whether it is legal under any circumstances to take life ?
Now, there are some circumstances where human life is
deliberately taken in order to save the mother in a diffi-
cult case of childbirth. The child is known to be living
full term and cannot bo delivered. The doctors deter-
mine that the child must be killed in order to save the
mother."

Judge Davis : '^ Under such circumstances, as no mo-
tive exists but to save life, the mother's life, as a matter

TRANSACTIONS. 341

of course, should be saved. There is a story — I do not
know whether it is true or not — that when the last wife
of Napoleon was being delivered, the doctors submitted
to him the question: 'Shall we save the mother or
child V — knowing how anxious he was for an heir. He
said: ' Save the mother.' "

Dr. Field: " I do not know that the doctor is ever
justified in sacrificing the life of the child; there have
been operations in which both mother and child have
been saved, and I think that the advance of obstetric
science to-day would permit the attempt to save both.

Dr. Dwyer: ^' I know of a member of the medical
profession who within three months allowed his own
wife to die because he would not allow some of the most
distinguished physicians who attended his wife to re-
move the child. She was only three months pregnant.
I think myself that under no circumstances should the
child be killed. I would like very much that the idea
should go largely amongst the public that the life of the
child should always be saved."

J. Mount Bleyer, M. D. : '^ I must entirely agree with
the remarks of the Hon. Judge Davis, who so ably put
before us the law upon that point and his own opinion.
The physician's duty is to save a life and not to dispose
of it. To empower a physician with a right and besides
back him up by the law, ihis would, to a certain extent,
make him a little god. Besides, where there is life, there
is also hope, and no case should be abandoned and given
up for dead until such apparent signs show themselves
and thab there is no room left for doubt. A case comes
to my mind of this year's standing, which was one suf-
fering from diphtheria, a child of five years. I was
called in consultation by the family doctor in order to
operate it for stenosis of the larynx. From its looks my

342 TRANSACTIONS.

prognosis was negative, even after any operation which
was to follow. I made known these facts to the family,
and they consented that I should try every means that
was possible, if only to relieve the symptoms. The first
operation by intubing the larynx, no relief was ob-
served. I next made a low tracheotomy, from which also
no result could be got. I made my mind up that death
was certain within a few hours at the longest. It sug-
gested itself to me that if irritation could be applied to
the bronchus through the tracheal wound by means of a
catheter, that some chance of loosening the membranes
below might take place and thus be a very good means
by giving the patient, at least, the last chance for its
life. This was immediately tried ; within five minutes
a spasmatic cough took place and nearly an entire cost
was got out of the bronchi and trochea. The result was
that within twelve days from the operation the child's
life was recovered. That is sufficient proof to my mind
that life can often be saved where otherwise sacrificed.
The physician should regard death as an enemy and
fight him until one or the other fall."

Frksident Bell: "The case is parallel to that of the
late German Emperor suffering in the belief that his dis-
ease was incurable. The question was submitted to him,
whether he would undergo an operation where more than
half the cases terminated fatally, and T^here, in the ma-
jority of cases, the voice was destroyed, if life was saved.
He would not submit and did not. The discussion has
rather wandered from the paper, because some of the
gentlemen did not hear it. The gentk-men who dis-
cussed the legal side state it very strongly. What we
want to know is this : When a physician is called to the
bedside of a dying man, where there is no possibility of
recovery, in a disease indisputably fatal, whether he has

TRANSACTIONS. 343

tho right to apply an anaesthetic — of course, always at
the request of the patient, or, if speechless, at the re-
quest of his family. The opiate is to relieve his suffer-
ings. In itself, it might end life, but it is administered,
not for that purpose, but only to relieve pain. In the
case of the child suffering from croup, to whom the
physician administered the anaesthetic, it was conced:^d
that the child must die. All the medical attendants con-
sidered the case necessarily fatal. I was once present
at a case where a child was suffering from cerebro
spinal meningetis, and in awful pain. Eminent phy-
sicians were consulted, and they all decided that the child
must die. I was appealed to as the one w^ho had the
best right to decide. Would they be justified in using
morphine ? I assented. The child was about two years
of age. They administered an eighth of a grain of
acetate of morphia and followed it by hypodermic injec •
tions every thirty minutes until several grains w^ere
given, and the child did not die. They all went away
saying it would die before night, but it did not die, but
lived for several weeks. It died in the end of maras-
mus. There was no apparent chance of its recovery. I
think similar cases are common among medical men,
when they believe that death is absolutely certain. They
might use anaesthetics, for the purpose of relieving
pain, and would pray and hope that it would not kill."

Judge Davis: "Dr. Dwyer, as I understand him, in
the case he mentions, had come to this point : One
must die or both. In such a case, as a matter of course,
the physician must use his own judgment. The position
is somewhat like an accident at sea. There are two per-
sons to save, and the lifeboat will only hold one. They
are perfectly justified in saving one. In that case the
parties are in the same position before the law. It is

344 TRANSACTIONS.

analagous to the case of two persons clinging to a plank;
it becomes necessary for one to leave it. The stronger
can save himself, by pushing off the weaker. As to the
mother and child, it is clear if one does not die, both
must die. The physician is put to the necessity of sav-
ing one life. Of course, the life to save is the mother^s.
She is a reasoning being. Still, the doctor is not justi-
fied in standing by, and saving the life of one by killing
the other, unle3S it is absolutely impossible to save both."
Professor Thwing: " The memorandum presented by
me is tentative and interrogative, not declarative. Its
aim is to elicit and not to close discussion. The position
taken by the paper in regard to the legal responsibility
of the medical man in relation to his patient is fully sus-
tained by the luminous statement of Judge Davis. Our
humane instincts have found emphatic expression in
the remarks of Mr. Bach. Further suggestions as to the
clinical and forensic features of the subject will be wel-
comed, for the last word has not yet been spoken."

ANNUAL MEETING.
Presidency of Clark Bell, Esq.

December lith, 1888. — The annual meeting of the-
Medico-Legal Society was held at the Fifth Avenue^
Hotel, and had a large attendance. Among those from
abroad in attendance were A. P. Sale, M. D., of Miss. ;
Judge Westbrook, of Philadelphia; J. H. Wigmore, of
Boston; Morris H. Stratton, of New Jersey; and Dr.
Tourtellot, of Utica.

The chair appointed as tellers to count the votes
Messrs. Chas. H. Shepard, M. D., Morris H. Stratton,
Esq., and A. M. Fernandez, M. D.

The assistant secretary delivered the ballots he had

TRANSACTIONS. 345

received from the members by mail, to the tellers, who
proceeded to count them.

Mr. Wigmore, who had been announced to read tha
first prize essay, "Circumstantial Evidence in Poisoning
Cases," asked leave on account of the banquet to read
by title, which was granted.

Mr. Henry Guy Carleton, being called away, his paper
was read by Dr. Charles F. Stillman, entitled " Death by
Electricity in Capital Cases.''

The following gentlemen were elected active members,
proposed by President B3II, on recommendation of the
Executive Committee:

James F. Riug^ld, Esq., Baltimore, Md. ; Ex-Governor
Watson C. Squire, Seattle, W. T. ; C. H. Wallace, A. M.
M. D., Siipsrintendent, &c., St. Josephs, Mo ; Edwin
Middlebrook, M. D. L. M., F. S. S., Smallthorne, Stoke-
on-Trent, England; Samuel Wesley Smith, State Com-
missioner in Lunacy, N. Y. City; William Byrnes, Esq.,
N. Y. ; Willis Henry Haviland, Jr., Minneapolis, Minn.;
Francis B. Smith, M. D., N. Y.; F. A. Stillings, M. D.,
Concord, N. H. ; I. H. Watson, M. D., Secretary State
Board of Health, Concord, N. H.

Corresponding :

Dr. Cowan, Superintendent Asylum for Insane, Dor-
drech, Holland.

The Committee on Execution of Criminals by Elec-
tricity then submitted their report which was read*, and
the report and the paper of Mr. Henry Guy Carleton
were made the subject of discussion. There was a large
attendance of electricians, who were invited by the
Chair to take part in the discussion. Remarks were
made by Mr. Herman Biggs, Dr. Moses, Mr. Ralph W.
Pope, Mr. Harold P. Brown, Ex-Judge R. B. Westbrook,

* This report is published elsewhere in this number.

346

TRANSACTIONS.

Dr. Frank H. Ingram, Dr. J. Mount Bleyer, Dr. J. W.
Jacoby, S. S. Wheeler, Esq.

Dr. Frederick Peterson, Chairman of the Committee,
closed the debate. On motion the report of the commit-
tee was unanimously adopted by the Society.

The Chair submitted to the meeting several letters
from members in various States, requesting him to vote
the ticket which was enclosed, and asked the instruction
of the body.

On motion it was resolved that the Chair be requested
and empowered to vote as proxy of the members so
sending their written requests, and the votes were cast
accordingly.

The letters reported that the following gentlemen had
been elected to fill the various offices to be filled, by a
large majority:

For President,
Clark Bell, Esq.

For Corres. Secretary,
Moritz Ellinger, Esq.

For 1st Vice-President, For Treasurer,

W. G. Stevenson, M.D. E. W. Chamberlain, Esq.

For 2d Vice President,
W. W Godding, M. D.

For Secretary,
Albert Bach, Esq.

For Librarian,
Charles F. Stillman, M. D.

For Asst. Librarian,
Benno Loewy, Esq.

For Chemist,
C. A. Doremus, M.D,

For Trustee.

J. Mount Bleyer, M.D.
Roger Foster, Esq.
For Perm. Commission,

Col. R. J. Ingersoll., .Esq.
Prof. R. O. Doremus, M.D.

For Asst- Secretary, For Curator A Pathologist,

Frank H. Ingram. M.D. Frederick Peterson. M.D.

Vice Presidents for the States, Territories and Colonies.

Alabama— Judge H. 11. Somerville. Montgomery. Minnesota— Hon. C H.Davis. St. Paul.

Missouri— Judge J. C. Normile, St. Louis.

Arkansas— P. O. Hooper, M. D., Little Rock.
•California— W. W. McFarlane, M. D., Agnew.
Colorado — H. Charles Ullman. Esq., Denver.
Connecticut— Dr. Henry P. Geib, Stamford.
Dakota— Judge William H. Francis, Bismarck.
Delaware —

Mississippi — Dr. C. A. Rice. Meredien
Nevada— Jos. H. Stites, M. D., Belmont.
New Hampshire — Hon. Daniel Barnard, Franklin.
New Jersey— Gov. R. S. Green, Elizabeth.
New Zealand— Prof. Frank G. Ogston.

District of Columbia— Judge M. V. Montgomery, Nebraska— Prof . Frank S. Billings, Lincoln.

Washington City.
England— Prof. Arthur P. Luff,
riorida- Dr. King Wylly, Sanford.
Oeorgia— Dr. Eugene Foster, Augusta.
Illinois— Dr. E. A. Kilbourne, Elgin.
Indiana- -W^. B. Fletcher. M. D., Indianapolis.
Iowa— Dr. Jennie McCowen, Davenport.
Kansas-
Kentucky— Dr. D. W. Yandell, Louisville.
Louisiana-- Dr. Joseph Jones, .■few Orleans.
Manitoba— Prof. H. Ausbrey. Husband.
Maryland— H. B- Arnold, M. D.. Baltimore.
Massachu-cetts-'Ira Russell, M. D., Winchenden.
Michigan— Victon C. Vaughn, Ann Arbor.

New York— A. E. McDonald. M. D., New York City.
North Carolina—Eugene Grissom, M. D., Raleigh.
Ohio -W. J. Scott. M. D , Cleveland.
Pennsylvania— Hon. Henry M. Hoyt, Philadelphia.
Rhode Island— Henry E. Turner, M. D., Newport.
South Carolina— Dr. Middleton Michel, Charleston.
Texas — Hon. Gustave Cook. Houston.
Tennessee— John H. Callander. M. D., Nashville.
Vermont~Dr. J. Draper. Brattleboro.
Virginia— Dr. James D. Monctire. Williamsburg.
Washington Ter — Ex-Gov. Wm. C Squire.
West Virginia-
Wisconsin— S. B. Buckmaster, M. D., Mendota.

The gentlemen were declared duly elected.

TRANSACTIONS.

347

The society adjourned at 9:4:5 P. M., to attend the

annual banquet.

Albert Bach,

Secretary.

THE ANNUAL BANQUET.

The following notice had been sent to members of the
Society:

348 TRANSACTIONS.

JHedtco-li^e^ a t ^ociet^

-♦— i—o-^o— i— ♦

The Annual Meetincr will be held at the Fifth Avenue
Hotel, New York, on Wednesday, December 12th, 1888, at
7.30 P. M., precisely.

The following Committee of Arrangements is announced
for the

ANNUAL BANQUET

to be given after the session on the evening of Wednesday,
December 12th, 1888, at the Palette Club, 12 West 24th
Street, at 9.30 o'clock, P. M., for which tickets will be furnished
on application.

COMMITTEE OF ARRANGEMENTS :

Clark Bei,i,, Esq , Chairman.

Alfred Bach, Secretary. E. W. Chamberlain, Treasurer-

Judjje Noah Davis, Col. R. G. Ingersoll, M. ]. B. Messemer, M. D.,

Judee D. McAdam, Col. E. C. James, D. Matthews, M. D.,

Judge W. Arnoux, Judge J. H. McCarthy, S. B. McLeod, M. D.,

Isaac Angcll, Esq., Judge Calvin E. Pratt, Chas. Milne, IVI. D.,

E. W. Chamberlain, Esq., Simon Sterne, Esq., Matthew D. Field, M. D.,

W. G. Davies, Esq., Nelson Smith, Esq., R. L. Parsons, M. D.,

Judge Jno. R. Dillon, Stephen Smith. M. D., Seneca D. Powell M. D.,

Judge A. J. Dittenhoefer, Alice Bennett, M. D., O. D. Pomeroy, M. D.,

Roger Foster, Esq., R. O. Doremus, M. D., Dr. Isaac Lewis Peet,

Judge S. Burdette Hyatt, Wm. F. Holcomb, M. D., Ira Russell, M. D.,

S. Hepburn, Jr., Esq., Frederick Peterson, M. D., G. W. Stevenson, M. D.,

Judge S. M. Ehrlich, S.N. Leo, M. D., Geo. F. M. Bond, M. D.

SUB-COMMITTEE OF ARRANGEMENTS.

Ci..\Ric Bell, Esq., Chairman. E. W. Chamberlain, Treasurer.

Chas. F. Stillman, M. D., M. Louise Thomas, E. M. Mosher, M. D.,

J. Mount Blyer, M. D.,

Alfred Bach, Secretary.

The attendance of Ladies at last year's banquet was so
successful, that members are requested to bring their wives
or lady friends. The price of seats is fixed at $2.00 each,
exclusive of wine.

The annual election of officers will take place, and mem-
bers can obtain their election lists to vote, by mail, on pay-
ment of dues to the Treasurer, Mr. E. W. Chamberlain, No.
120 Broadway, New York.

Election lists will be forwarded by the Assistant Secre-
tary to all members only whose dues are paid. Members in
arrears will please remit or they will not be entitled to vote.

TRANSACTIONS.

'34l>

The Following Officers were Nominated at the November Meeting.

/''or President,

Clark r.e'l, Esq.,
otephen Smith, M I).

I' or \st Vice President ,

W. G. Stevenson, M. D.

For -id Vice President,

W W. Godding, M. D.
licnno Loewy, Esq.

For Secretary,

Albert Bach, Esq.

For Assistant Secretary,

Frank H. Ingram, M. D.

For Corresponding Secretary,
Moritz Ellinger, Esq.

/''or Treasurer,

E. W. (Jhaniberlaiii, Estj.

For Librarian,

Chas. F. Stiliman, M.D.

I'or Assistant Librarian,
Ben 110 Loewy, Esq..

I'or Curator i^f Pat/iologist,

Frederick Peterson, M.D.

J''or Chemist,

C. A. Doremijs, M. D.

Jor Trustees,

Roger Foster, Esq.,

T. Mount lilyer, M. D,,

Matthew D. Field, M. D,

J-'or Perm. Commission,

Col. Robt. G. Ingersoll,
Prof. R. O. Doremus.

Vice Presidents for the States, Territories and Colonies.

Ahbnma— Jiidce H. H. Somerville, Montgomery.
Arl<:insa^— P. (). Hooper. M. U., Little Rock.
Calitornia — W. \V. McFarlane, M. U., Agnew.
Ccloraflo — ^H Charles Uliniaii, Esq., Denver.
Ci'Miiccticiit — I)r Henry P. Geii), Stamford.
D^ik^ia— Judge William H. Francis, Bismark.
l)t-iaware —
District of Columbia — Judge M. V. Montgomery,

Washington City.
Floritia -r)r. King Wylly, Sanford.
(ieorgia — Dr. Euueiie Foster, Augusta.
Illinois — I'". A Kiibourtie, Elgin.
Indiana — W. '» Ficiclier, M. 13., Indianapolis,
low. I —Dr. Jennie McCowen, Davenport.
Kansas —

Kentucky— Dr. D. W. Yandell, Louisville.
Louisiana — Dr. Joseph Jon<-s, New ( )rleans.
Maryland — A 1>. Arnold, l\L 1)., Baltimore.
Massachusetts— Ira Russell, M. 1 J.. Winchenden,
Michigan — Victor C. Vaughn, Ann Arbor.
Minnesota — Hon. C. H. Davis, St. Paul.
Missouri— Judge J. C. Nonuile, St. Louis.

-Mississippi — Dr. C. A. Rice, Meridian.

Nebraska — Prof. Frank S. Billings, Lincoln.

Nevada — Jos. H. Stites, M. D , Belmont.

New Hampshire — Hon. Daniel Barnard, Franklin.

New Jersey — Gov. R. S. Green, Elizabeth.

New York— A. E. McDonald, M.D., New York City.

North Carolina — Eugene Grissom, M. D., Raleigh.

Ohio— W. J. Scott, M D., Cleveland.

Pennsylvania — H'in. Henry M. Hoyt, Philadelphia.

Rhode Island — Henry E. Turner, .\I. D., Newport.

South Carolina— Dr. Aliddleton .Michel. Charleston

Texas — Hon. Gust ive Cook, Houston.

Tennessee — John H. Callander. M. D., Nashville.

Vermont — Dr L Draper. Brailleboro.

Virginia — Dr. James J). Moncure, Williamsburg.

Washington Ter. — Ex-Gov. Wm. C. Squire.

West Virginia —

Wisconsin — S. B. ^ckmaster, M. D., Mendota.

Manitoba — Prof H. Aushrey, Husband.
New Zealand — Prof. Frank G. Ugston,
England — Prof. Arthur P. Luff.

The Meeting will be held at 7.30 P. M., sharp, Fifth
Av. Hotel, to finish early, in season for the Banquet. A
paper will be read by Henry Guv Carleton, Esq., on
" Death by Electricity in Capital Cases.''

By John H. Wigmore, Esq., " Circitmstantial Evidence in
Poisoning Trialsi' ( This is the prize essay that won
First Prize.)

The Report of Committee, on ''Best Method of Execut-
ing the Law, punishing Crimiiials in Capital Cases by
Electricity,'' will come up for discussion.

Members desiring to complete their contributions to the
Library of the Society, should do so on or before the annual
meeting, to enable the Library Committee to complete their
annual report for the year.

It is earnestly hoped that members generall\' will be
present at the Annual Meeting and at the Banquet. Mem-
bers will please notify the Chairman or Secretary of Commit-
tee, the number of seats they require for themselves or friends,
which will be reserved in the order of their receipt.

By order of the President,

ALBERT BACH, Sec^.

350 TRANSACTIONS.

The banquet was given in the parlors of the Palette
Club which were tendered the Society for the purpose.

A large and brilliant company sat down at 10 o'clock
to the annual banquet. Mr. Clark Bell presided.
Representatives from the leading societies of the city
were present, and letters of regret were read from the
Presidents of the Academy of Medicine and the Bar As-
sociation, who were unable to be present. Letters of
regret and sympathy were read from the Presidents of
the Mass. Medico-Legal Society, the Chicago Medico-
Legal Society and that of Philadelphia.

Speeches were made by Dr. Isaac N. Quimby, Dr.
Lucey M. Half, Mr. Albert Bach, Mr. Morritz Ellinger,
Dr. Jacoby, President of Neurological Society; Dr. George
F. M. Bond, Superintendent Asylum at Ward's Island ;
Dr. Matthew D. Field, Dr. Samuel Wesly Smith, State
missioner in Lunacy ; Dr. Frank Ingram, Mrs. Frank
Leslie, for the Press; Mrs. M. Louise Thomas, Mr.
Atwell, for the New York World. Mrs. Ella Wheeler
Wilcox and Mrs. Harriet Webb gave recitations, and
Mrs. Dr. Isaac Lewis Peet, a deaf mute, gave an address
in the sign language which was interpreted to the com-
pany by Dr. Peet and was received with great favor.
The banquet was a decided success.

JOURNALS AND BOOKS.

RiviSTA Sperimentale di Medicina Legale. — Founded by Prof.
Carlo Levi, and conducted by Profs. Augusto Tamburini. Camillo
GoLGi, Arrigo Tamassia and Enrico Morselli, and an able corps of col-
laborators, is a leading journal of forensic medicine in Italy. It completes
its thirteenth volume at close of 1887. This volume contained original
articles by Montalti, Nicoletti, Tonnini, Raimoudi, Rezzonico, Tamburini,
Marina, Tamassia, Guicciardi, Petrazzani, Pellacani, Sighicelli and Tam-
broni on various topics of forensic medicine. It has devoted great space to
Criminal Anthropology, reviewing the leading French, German and Italian
writers.

In Toxicology it has reviewed the writings of Brouardel, \ ulpian, Latou,
Poleck, Garnier, Schlagenhaufen and Bruneau. It has given considerable
space to the general papers on Medico-Legal topics, of the French, German
and Italian writers ; but has not given the space to English, American,
Russian or Scandinavian thinkers, one would expect from such eminent
Italian savans and scientists. The volume (13th) has been equally rich in neu-
rological studies, psychiatry and forensic medicine; especially so in anatomy,
physiology, nervous and mental pathology and the progress of these sciences.
It has deserved a great renown, for the abilitv of its original articles, but
more, for the masterly and scholarly vs ork of its editorial staff. It is a jour-
nal no American alienist should be without, who aims to survey the whole
field of forensic medicine, and it ably illustrates the great excellence, industry
and learning of our Italian confreres, in the study, progress and development
of the science of medical jurisprudence.

The Case op Emperor Frederick III. — (Edgar S. Werner, N. Y.,
1888). This volume gives without comment a translation of the Full
Official Reports of the German Physicians, as made by Dr Henry ISchweig,
containing not quite 100 pages as the first part, and the Report of Sir
Morell Mackenzie, 276 pages, as the second. The story is not as creditab'e
to the medical profession, as it is to the noble and'heroic character of the
dead Emperor.

We need not pass on questions of veracity between the plu'sicians. The
German doctors had diagnosed a malignant tumor and fixed a day for sur-
gical intervention, when the advent of Dr. Mackenzie on the eve of operation
arrested it, conditional that Dr. Virchovv, of recognized skill, should dc-
tei'mine by examination of sections of the tumor the character of the growth.
Virchow's reports justified the delay of the proposed surgical operation.

It is absurd to say that the sections submitted were not properly or skill-
fully selected. The German physicians, if in doubt, would be as much to
blame as Mackenzie, if such was the fact. It is simply out of the question.

352 JOURNALS AND BOOKS.

The later fatal changes, the jealousy and enmity of some ot the German,
the charges, recriminations and all the scandalous quarrels of the doctors,
are sorry features of a noble struggle by a grand, brave man, for the length-
ening of a life so dear to Germany.

Whatever men may think of the charges mad^ against Dr. Mackenzie
by the local physicians, or of his grave criticism of the treatment of
Dr. Gerhardt and the false passage of Dr. Bergeman, all must concede
that Sir Morell Mackenzie retained through all and, until the last, the af-
fection and confidence of the Emperor and of the family. This patient
was singularly intelligent, as to the character, history and development of
the malady, kept hims-lf constantly and well advised of the various
questions and diffiulties, and behaved throughout with such a courage
and manliness as has commended him to all.

LoursiANA State Medical Society. — The tenth annual report of this
society contains four papers of interest to medico-legal students.

1. The address of Dr. Joseph Jones, president, is a masterly produc-
tion, going over the whole range of medical science. We give entire his
section on

MEDICAL JURISPRUDENCE.

The duty of the physician is not merely to prevent and cure diseases,
but he is the natural guardian of the lives of his fellow-citizens, by de-
tecting poisons, and pointing out the nature of the weapons, and injuries
inducing death.

The scientific physician has often to summon all his skill and wisdom,
and press into the public service, all his knowledge in chemistry, micro-
scop}', physiology and pathology, in the investigation of cases of poison-
ing, rape and injuries inflicted by firearms and weapons of every descrip-
tion. The life of a human being often turns upon the decision of the
chemist and microscopist, as to the nature of the spot or stain upon a
garment, whether paint or blood, or upon the determination of the
presence or absence of arsenic, antimony, lead, morphia, strychnia or
some other poison in food, drink or in the stomach, and organs of man.

We cannot overestimate on the one hand, the responsibility of the con-
scientious and learned physician, who undertakes a medico-legal investiga-
tion; and on the other the obligations of the public, for the invaluable ser-
vices rendered to law and justice by exposing crime, which, but for the
learning of the chemist, microscopist and pathologist, would remain for-
ever hidden.

We may truly say that the scientific and pure-minded physician is the
natural and ordained guardian of the public peace and health.

A knowledge of medical jurisprudence necessitates the careful &tudy of
the following branches of science:

(a) Chemistry (qualitative and quantitative analysis).

(6) Toxicology.

(d) Physiology.

(e) Pathology.

(/) The general principles of civil and criminal law, as applicable t)

JOURNALS AND BOOKS. '>06

idioc7, imbecility, insanity, illegitimacy, rape and murder, or attempt to
murder, by firearms, instruments of all kinds, by drowning, sti angulation
and poisoning. This report also contains :

2. An oration by Hon. A. A. Gerrity, of Monroe, La., on " Death."

3. A paper by J. W. Dupree, M. D., of Baton Rouge, La., on "Gunshot
Wounds of the Abdomen " ; and

4. An elaborate paper by Dr. Joseph Jones on Teratology, giving detailed
accounts of the most celebrated cases of monstrosity of our day, with cuts
and illustrations.

Insanity, Inebriety and Crime. —Dr. Richard H. Kinkead, Lecturer
on Medical Jurisprudence, Queen's College, Galway Ireland, has contributed
a brochure containing four of his articles in a neat volnme, which merit
more than a word.

His essay on *' Insanity and Crime " is an elaborate reply from the medi-
cal side to Baron Bramwell's article in the Nineteenth Century Magazine. It
is an able paper and like that of Sir J. Crichton Brown, in the London
Lancet, deserves the thanks and praise of medical men.

** A Fatal Love," his second paper, gives in the form of a story, a strong,
psychological presentation of the writer's views.

" Inebriety and Crime," the title of his third essay, is also an able paper
much in the line of the studies given in the recent volume published by the
Medico-Legal Society, entitled " Medical Jurisprudence of Insanity." And
his last paper, a "' Medico-Legal Study," is a critical review of the remark-
ably strange case tried in July, 1887, at Galway, before Chief Baron Palles
and a jury, where the problem was whether the accused w^as drunk or in-
sane, or whether death had occured before the burning of the body, which
seemed to be the view of the medical experts.

The whole monograph is well worth a place on the expert's library shelf,
and Dr. Kinkead has won the thanks of both professions by his ability in
its production.

The Life Insurance Examiner. By Dr. Chas. F. St[llman, (The
Spectator Co., N. Y.). 1888.

The enormous growth in America of Life Insurance, its probable increase
to the close of the ptesent century, must arrest the attention of all thought-
ful minds. The companies, wh le realizing that success depends in the end
upon the fidelity and skill with which the medical examinations are cou-
du ted have not as such given their attention to this most important subject,
and have re'ied on their medical men.

When we reflect how^ recent has been the growth of L-fe Insurance in
this country, and how little care has been taken in the selection of medical
advisors for Life Insurance Companies, we need not wonder at the present
status of the question from a purely scientific and medical standpoint.

The Life Insurance Com-aniesotfered a refuge and medical hospital, for
these medical men who had failed in general practice, and the relatives of
the ofticials, usually found here remedies for their failures as practitioners.

Dr. Stillman is one of our rising medical men, of great abilitj', and just
fitt^^d to grapple with the question. The volume he has presented goes
over the whole field of the duty of the medical examiner. It will be the test
book for the companies.

354

JOURNALS AND BOOKS.

Upon the legal questions Dr. Stillman has given space to the views of
Mr. John M. Taylor, Vice-president of the Conn. Mutual Life Insurance
Company, and quotes largely from his recent valuable pamphlet.

This branch of the subject deserves an exhaustive treatise. If Mr. Tay-
lor would give it such study as its importance demands, and go to tlie bot-
tom, he would deserve the thanks of all interested in Life Insurance.

The legal aspects of these questions must soon be written fully and elab-
orately.

Books, Jouinals & Pamphlets Eeceived.

R. W. Pope, Esq. — Transactions American Institute Electrical Engineers,
September 1888.

Electrical Review. Nov. 24, 1888.

Ernest H, Crosby, Esq. — Fifteenth Annual Report N. Y. State Com-
missioner in Lunacy (18^7).

Samuel Wesley Smith, M.D. — Fifteenth Annual Report State Com-
missioner in Lunacy (1887).

Step iKN Smith. M.D— Fifteenth Annual Report State Commissioner in
Lunacy (1887).

Philip Coombs Knapp, A.M.. M. D.— 'Concussion of the Spine." "Rail-
way Spine." '* Railway Brain." Cupples & Hurd, Boston (1888).

Dr. A. P. RiiiD. — Thirteenth Annual Report for Nova Scotia Hospital for
Insane (1887.)

Charles C. Soule, Boston. — Stimson's American Statute Law (188G).
Stimson's American Statute Law, 1st Supplement (1886-1887.) Will review
in March number.

P. Blakiston, Son & Co. (Phil). — Reese MedicalJurisprudence aud Toxi-
cology, 2d edition (1889). '

J. Z. Gerhard, M.D., Supt. etc. — All the Reports of the Penn. State Hos-
pital at Harrisburg except the 23d .1873).

Dii. J. Beman Lindsley. — Bulletin State Board Health, Tenn. Vol. 4,
No. 6.

Dr. John C. Le Grand. — Alabama Medical and Surgical Age. Vol. 1.
No. 2,

D.-J. Eugene Grissom. — Report Noi-th Carolina Insane Asylum for iSS7
and 1888.

Dk. p. BitYCE. — Report for Alabama State Hospital for 1887 and lb8vS.
Bi-annual.

John B. Hamtlton, M.D. — Annual Report of Supervising Surgeon Gen-
eral of Marine Hospital Service. U. S. (1888).

W. B. Pritchard, M. D. — Manual of Dietetics (Dietetic Pub. Co.)

MAGAZINES.

Scribnek's has a splendid Christmas uumber aud announces an in-
creased circulation.

Lippincott's. — The proprietors have made a 2reat liit by priniing an
entire serial story with each number.

Magazine OF American History. — Mrs. Martha J. Lamb hasthefacuiiy
of making, once in a while, a number of surpassing excellence.

Littell's Living Age. — It has lost none of its power aud keeps to its old
standard.

The Eclectic commences its 49th volume with January, ]889, of llie
!S'ew Series, and its selections are excellent.

The Xorth American Review. — ]\Ir. Allen Thornrlyke Rice has made
this i^gyz"^?^ second to none in this countiy in interest, for the tlioughtful,
cultured reader.

The American Monthly sho^^s a marked iniprovcnicnt in the m-
ti-iic merit of its illustrations as well as in the char.icicr of its ait cles.

The Chautauquan. — Dr. Theo. L. Flood, editorof this jou'nnl, hassin -
ceeded in giving more useful, scientific knowle(fge, in an attractive foini.
f'>c the general reader, than any of the popular scientitic journals of this or
ai y other country with which we are familijir.

The Criminal Law Magazine. — Stewart Rap^dji, Editor. We an*
g'ad to welcome this journal to our exchange list. Its ablest article is by
J. T. Ringold, Esq., on " The Theory of Culpability.*' It is an admirabl
1 view of the " Right and VVron.: " test in Insanity Cases, aud is ouf^ of tl v
most notable contributions to the li eiature of this subject of our day.

Mr. Ringold's paper will be re;id with interest by every student of the
s bjectin both professions, and it should be printed as a sei'arale biocliure
for the bar.

The Forum. — Charles Dudley Warner writes a thoughtful article,
■' Creating Criminals." in the November number. Dr. Austin Flint Heats
« f " A Possible Revolution in Medicine,' and Prof. Crookes of " Tlie Role
nf Chemistry in Civilization," in the Deceml)er number, 1888.

The International Record. — Dr. Frederick Howard Wines edits
t!iis journal, and we cannot say enough in praise of its value to all students
of Criminality, aud our system of charities, prisons aud social refoim.

The Chicago Lav Journal — This journal has changed hands and ap-
|)areutly its policy. The Janiiar3Miumber will, it is announced, be " vir-
uially the initial uumber."

MAGAZINES.

357

Dr. Harold Meyer, of Chicago, will contribute llie leading article on
' lusjiiiity as a Defence." lie is at present ciinty physician of Co(jk
<"ounly. We hope it will not drop its column on Medical Juiisprudence.

Thk London Medical Kecokder.— T1 ere is no Engli.-h journal which
keeps abi east the progress of tl ought in all the medical sciences, as well
in England as throughout the world, as this monthly.

Mr. Ernest Hart has organized a staff of the most skilled writers upon
every branch of medical science, and they give in this journal the meat of"
u\\ the s< ientific journals of the day on medical questions. It is a very
valuable journal, as well to the specialist as the general practitioner.

The Ameuican Journal of Insanity. — We are glad to see this valuable
journal publish portraits of distinguished men. An excellent one of Dr.
(>'has. H. Nichols grares the January number.

Dr. Walter F. Channing criticises Dr. Smith's proposed Lunacy Leg'sla-
tion. Dr. Wise gives an ab'e paper on " The Legal Responsibili'y of Epi-
leptics." and Dr. Andrews, of Buffalo, discusses " State vs. County Care "
with ability. Dr. Blumer is keeping up the standard of this journal.

The Cosmopolitan. — We like this journal. Its illustrations are fine and
it constantly improves.

The Asclepiad. - Dr. Eichardson throws a vast deal of the energy that has
characterized his life and career into the pages of this journal.

The Cartoon. — This is a new illustrated humorous weekly. James
Clanen Harvy is editor. Thos Fleming, art editor, and John W. McDon-
ald, publisher. These gentlemen are competent to do this work well, and
we wish them *' all success.''

STATE INSANE ASYLUM, AT MIDDLETOWN,

NEW YORK.

This Institution was organized in 1869, by Dr. George
F. FooTE,' and was an effort to found a private asylum
towards which about $75,000 was subscribed.

The movement, however, not progressing fast enough,
it was conveyed to and accepted by the State, aid in
1870, the Legislature made an appropriation and organ -
ized a Board of Governors.

The amount contributed by the State for this institu-
tion was in 1885, about $607,000.

Since that date about $100,000 has been expended in
constructing two large blocks of day rooms, and an elab
orate kitchen, bakery and store room combined.

The first patient was received in April, 1874. Dr. Foote,
having resigned, Dr. Henry R. Stiles was n ade Super-
intendent in charge, which position he held till his resig-
nation, February 9, 1877. He was succeeded by Dr.
Selden H. Talcott, who has since remained in charge.

The first officials of the Board of Trustees were :
Fletcher Hai^pkr, President ; Grinnell Burt, Vice-
president ; Peter S. Hok, Treasurer ; M. D. Stivers,
Secretary, and these officers have remained unchanged
from the first except that when Peter S. Hoe resigned
in 1S76, UzAL T. Hays was made and still continues
Treasurer. This Asylum has a farm of iM 1 acres well
stockec^., and a garden of about 5 acres, which supplies it.
with vegetables and fruits, milk and hay.

The t >tal number of patients treated in this Asylum
from May, 1874, to September 1^0, 1888, was 2,897, of

,1 ,\m

y^^-: .

ji'lliilE

re*^'

.11

Ic-^

^iisV- '• •.■i»'..

STATE INSANE ASYLUM, AT MIDDLETOWN, N. V. :ir>9

wliom 908 were discharged as recovered. It has a
present capacity of about 550 patients, and is nearly
full.

This Institution has made a low price for patients in
moderate circumstances from $6 to $4 per week, and
has accommodations for the rich patient, as well as the
poor.

It has been practically self-sustaining for the past ten
years, aside from the amounts given by the State for
property and buildings and the salaries of the officials.
The State appropriated $25,500 in 1888, which was de-
voted to additional buildings, aside from salaries. It
maintains a school for patients of each sex, and a train-
ing school for nurses. There have been twenty build-
ings and additions added to this Institution since 1877,
and the establishment is one of the most complete and
perfect in this country, presenting an admirable home
hke effect, which is as much a pleasure to the inmates
as to the visitor.

SELDEN HAINES TALCOTT, A. M., M. D.

Dr. Talcott accepted the position of Superintendent
of the State Insane Asylum at Middletown, New York,
ni 1877, on the resignation of Dr. Henry E. Stilks.
He has held that position ever since with great success^
and has done much to give to that institution the well
deserved popularity which it enjoys.

He is a thorough student, an ardent lover of his pro-
fession, and has visited the leading European institu-
tions, with greatest interest and zeal, to secure all knowl-
edge that will advance the institution of which he haa
heen so long the medical head.

Dr. Talcott entered Hamilton College in 1861, hut
shortly after enlisted in the Union army and served in
thii army of the Potomac in the 15th regiment, New
York volunteer engineers, serving mainly as dispatch
messenger to the colonel.

He returned to the college in the Fall of 1805, and
graduated from Hamilton in the Summer of 18(1^^
where he took honors.

He graduated March 1, 1872, from the Homecepithic
Medical College, and delivered the valedictory address.

In September, 1875, he was appointed Chief of Staff
to the Homoeopathic Hospital on Ward's Island, New
York City, where he remained until appointed Superin
teudent of the Insane Asylum at Middletown, New
York.

Dr. Talcott is a contributor to the medical lit'M'ature
of the time, and is the author of valuable papers, among
which are " Prognosis iu Insanity,'' *' General paresis,"

SKLDEN HAINES TALCOTT, A. M , M. D.

361

*' Medical Notes on the Treatment of the Insane,"
'•Mania, Its Causes, Courses and Treatment,'' "Melan-
cholia with Stupor," " Ehiniosis in Relation to Insanity,"
''Dt^lusions of the. Insane," "The Insane Diathesis,"
""Sleep without Narcotics,'' "Nutrition in Mental Dis-
ease," "Laws of Commitment and Care of Insane,"
' Traumatic Insanity and Traumatic Recoveries."

i )r. Talcott has been President of the Medical Society
of the counties of Oneida and Orange, of the State
Homeoepathic Society of New York, and is now Presi-
dent of the oldest national medical organization, the
American Institute of Homoeopathy, and a membei- of
the American Association of Medical Superintendents of
Insane Asylums. He has been elected honorary mem-
ber of the Ma-isachusetts Homoeopathic Society, as
well as that of Northern New York. Dr. Talcott has
received the degree of M. D. from the Regents of the
Stat^ University. He was for four years lecturer on
mental and nervous diseases in Hahneman Hospital,
Philadelphia, and has been for many years professor of
mental and nervous diseases in the Homoeopathic Medi-
cal College of New York City. Dr. Talcott is one of the
foremost alienists of his school, and has so blended his
life with the institution of which he is chief ; that it may
be said he has no higher ambition, than to there carry to
completion, his views as to the hospital system, the col-
lege system, and the foster parent system of caring for
the insane, a work for which he is most admirably
equipped by education, experience and training, and into
which he has entered with his whole heart.

OFFICERS FOR 188J^

President :
CLARK BELL, ESQ.

1st Vice-President:
W. G. STEVENSON, M. D.

Secretary :
ALBERT BACH, Esq.

Corresponding Secretary :
MORRIS ELLINGER, Esq.

Treasurjer :
E. VV. CHAMBERLAIN, Esq.

Librarian :
CHAS. F. STILLMAN, M. D.

2nd Vice-President :
W. W. GODDINCi, M.D.

Assistant Secretary :
FRANK H. INGRAM, M. D.

Chemist :
CHARLES A. DOREMUS, M. 1/.

Curator and Pathologist :
FRED. PETERSON, M. I).

Assistant Librarian :
BENNO LOEWY, Esq.

TRUSTEES.

Legal :

RICHARD B. KIMBALL, Esq.
ROGER FOSTER, Esq.
WILLIAM G. DAVIES, Esq.

Medical

CHARLES MILNE. M. D.
J. MOUNT BLEYER. M. D.
FERD. C. VALENTINE, M. D.

PERMANENT COMMISSION

Legal: Medic U:

CLARK BELL, Esq. R. O. DOREMUS. M. D.

Hon. DAVID DUDLEY FIELD. R L. PARSONS, M. D.

Hon. JOHN F. DILLON. STEPHEN SMITH. M.D.

COMMITTEES.

ON PUBLICATION OP SERIES 4 AND 5 MEDICO-LEGAL

PAPERS.
W. G. Stevenson, M. D., Chairman.
Clark Bell, Esq. F. C. Valentine, M. D.

R. S. Guernsey, Esq. Chas. S. Fischer, M. D

R. B. Kimbiill, Esq. Amelia Wrijxht, M. D.

MEDICO-LEGAL SOCIETY. ?>iu\

ON RESOLUTIONS OF MR. E. W. CHAMBERLAIN RECiARDIXQ

COMSTOCK SEIZURES.

E. W. Chamberlain, Chairman.
Roger Foster, Esq. W. F. Holcombe, M. D.

Morris Ellinger, Esq. Charles Milne, M. D.

Benno Loewy, Esq. R. J. O'Sullivan, M. D.

LEGISLATIO>^ REGARDING THE INSANE.

Clark Bell, Esq., Chairman.

Judge Jno. F. Dillon, N. Y. P. Bryce, M. D., Al».
Judge J. C. Normile. Mo. Stephen Smith, M. D.. New York.
Gov.R. S. Green, N. J. Horace Wardner, M. D . 111.

Ex-Gov. H. M. Hoyt., Pa. Dr. Thomas O. Powell, Gu.
P. O. Hooper, M. D-, Ark.

METHODS OF CAPITAL PUNISHMENT.

J Mount Bleyer, Chairman, Dr. Frank L. Ingram,
Dr. Chas. F. Stillman, Prof. R. O. Doremus.

Tlie President.

ON RE-ORGANIZATION OF THE MORGUE.

The President,

This Secretary, and

The Permanent Commtsston.

ON CRIMINAL RESPONSIBILITY OF DEAF MUTES.

Dr. Isaac L. Peet, Chairman.
J. D. Roberts, M. D. C. Bainbridge Smith, Esq.

S.muel D. Powell, M. D. Albert Bach. Esq.
Judge S. Burdette Hyatt. A. C. Butts, Esq.

;J6+ MEDICO-LEGAL SOCIETY.

OX TR.^NSLATIONS.

Morris Ei.LiNgki!, Esq., Chairman.

Ossip Feldman, M. D. Saninel D. Sewards, Esq.

F. c. Valentine, M. D. Albert Bach, Esq

J. Mount Bleyer, M D. J. R M. Ilcarue, Esq.

Prof E. P. Thwing, M D. Z. S. Sam. son, Esq.
Theo. H. Kellogg, M. D.

ON NATIONAL STATE CHEMISTS.

Prof. John J. Reese, Chairman, of Pennsylvania.

Prof. n. O Toremus, N. Y. Dr. V- C Vaughan, Mich.
Dr. Geo. B. Miller, Pa. Prof. C. A. Doremus, N. Y.

Prof. A. B. Motf, N. Y.

SUB-COMMITTEE ON INTERNATIONAL CONGRESS OF
MEDICAL JURISPRUDENCE.

Morris Ellinger, Chairman.

Dr. Isaac Lewis Peet, Judge Noah Davis,

Stephen Smith, M. D. E. W. Chamberlain, Esq.

The President.

The full Committee will be hereafter announced.

< OMMITTEE OF THE STATES AND TERRITORIES ON EX
TENDING MEMBERSHIP OF THE SOCIETY.

Alabama. — P. Bryce, M. D , Delaware. —

Tuscaloosa.

Arkansas. — Jas. H. Southall. Florida. — Dr. C. A. F. IJndorme.

Osceola, Little Rock. Fort Reed.

California. — E. Regensberger, Georgia. — Thos. O. Powell. M. D.,
M. D., San Fraucioco. Milledgeville

Colorado. — H. Chas. Ullman. Esq. Illinois.— Milo ]McCklland, M. J)..

Denver. Chicago

Connecticut. — Jonn M. Taylor, Indiana. — W. B. I- letcher. M. D.

Hartford. Indianapolis

MEDICO-LEGAL SOCIETY.

3f);1

TowA.— F. C. Crittenden, M. D,, New Zealand. — Prof. Milieu

Des Moines. Coughfrey,

Kansas.— North Carolina.— J. D. Roberts,

K KNTUCKY.-Dr. F. H. Clnrk, ^j jy Goldsboro.

Lnxington. qhio— C. H. Blackburn, Esq., Ciim.

LOUISIANA.-Dr. D. M. Clay, Pennsylvania.-S. Hepburn, Jr.,

Shnn-psport. j^,^^ CnrMsl^.

Manitoba. -H. Anbrey Hnsban.l, r„ode IsLAND.-Pbilip K. Tavlor.

>rAKYLAND.-Daniel L. Brinton, jyj j) ^ Wnkefiebl.

^^^ ' Baltiniorn. gQ^j^H Carolina.— Dr. Mi.hlleTnn

Mas.s -Frank K. Pa.Mock, M. D., Mn-h^.\, Charleston.

Esq., Pittsfiel.l. Texas -Dr. D. Pv. Wallace,

Mich fG AX — T. R. Bnckbam, M.D., Terrell

Flint, tenn.— Dr. Michael Campbell,

Minnesota. — C. K. Bartlett, M.D., Knoxville

St. Peter. Vermont.- Dr. J Draper,

MiSSOUKi.— R. E. Smith, M. D., Brattleb.'in.

St. J(>seph. Virginia.— Dr. Jas, D. Moncnre,

Mississippi.— Dr. E. P. Sale., Willianisbinji.

Aberdeen. Washington Ter. — John W.

Nebraska. — W. M. Knapp, M. D., Waughop, M. D., Fort Stellaconm.

Lincoln. West Virginia.—

Nkvada— S. Bishop, M. D., Wisconsin. — Henry Palmer, M. D.,

Reno. Janesville.

N. Hampshire. — Dr. Carl H. Dakota.— Dr. O. Wellington, Aithi-

HoTM-li. bald, Jameat«>wn.

New Jkusey.— Judge C. G. Garri- District of Columbia —Jndgp M..

son., Camden. V. Montgomery.

NEwYnitK— Clark Bell, E<q.,Ch!nr- England. — .A.. Wood Renrim, K-q,,.

jnan., New York. London

HONORARY AND CORRESPONDING MEMBERS.

Honorary.

/ohn C. Bucknill, M. D.,

London, England.
Krnest Chaud6, Esq.,

Paris, France.
Prof. D. Hack Tuke, M. D.,

London, England.
Frank H. Hamilton, M. D.,

New York,
lordyce Barker, M. D.,

New York.
Hon. Chas. P. Daly,

New York.

Prof. R. von Krafft-Ebing,

Gratz, Austria.
Henry Maudsley, M. D.,

London
Prof. Dr. J. Maschka,

Prague, Bonemia.
Sir James Fitzjames Stephen,

London
Hon. Noah Davis,

New York.
Francis Wharton, LL. D.,

Philadeluhia.

3f>6

ugustin Andrade, M. D,

City of Mexico,

John Al)ercroinbie, M. D.,

London
Julius Althaus, M. D.,

London
Prof. Dr. Benj. Ball,

Paris, France
Hon. Gunning S. Bedford,

New York

Prof. C. M. Brusius, M. D.,

Berndorf, Germany

A. N. Bell, M. D.,

New York.

■G. E. Bentzen, M. D.,

Christiania, Norway.

Prof. Leonardi Bianchi,

Naples, Italy.
Prof. Dr. Serafino Biffi,

Milan, Italy.
J-fon. Geo. B. Bradley,

Corning, N. Y.
E. Blanche, M. D.,

Paris.

Sir. J. Chrichton Brown,

London .
Jose M. Bandera, M. D.,

City of Mexico.

T. R. Buckham, M. D.,

Flint. Mich.

Prof. G. Buonomo,

Naples, Italv.
A. L. Carroll, M. D.,

New BriL,hton, S. I.

Prof. Charpentier,

Paris.
Prof. Stanford E. Chaille,

New Orleans, La.

Senor Don Manuel Contreras,

City of Mexico.
Hon. S. S. Cox, N. Y. City.

Henry Coutap^ne, M. D.

Lyons, France. !
T. de Musgrave Clay, M. D., '

Pau, France.
T. S. Clouston, M. D.,

Edinburgh, Scotland.

* DcccRscd

cokrespondi>;g mem pees.

John Curwen, M. D.,

Warren, Pa.

T. D. Crot];ers, M. D..

Hartford, Conn.
Prof. R. H. Chittenden.

New Haven, Conn.
N. R. Davis, M. D.,

Chicago, III.
H. E. Desrn.siers, M. D ,

Montreal, Canada.
V. W. Draper. M. D..

36 Worcester street, Boston.
Prof. Dr. Geo. Dragondorf,

Dorpat, Russia.
Dominick Daly, Esq.,

Birmingham, England.

Dr. De Jong,

Amsterdam, Holland.
Victor Desguin, M. D.,

Antwerp, Belgium.
Leon De Rode, M. D.,

Louvain, Belgium.

Dr. Pliny Earle,

Northampton, Mass.
Prof. J. J. Elwell,

Cleveland, Ohio.

Prof. M. G. Elzey.

Washington, D. C.

Prof. Albrecht Erlenmeyer,

Berndorf, Germany.

M. D. Ewell, M. D.,

Chicago, III.
Dr. Landon B. Edwards.

Riclimond, Va.
Simon Fitch. M. D.,

Halifax, N. S.
Dr. Enrique A. Erimont,

Ozuluama, Mexico,
Prof. E. Ferri,

Sienne, Italy.

f r-.i. Ach. FovilJe, M. D.,

Paris.
Prof. Di. I'urstnei,

Hoidtlhcrg, Germany.
*Th. Gallard, M. D

Paris, France.
James A. Chay, M. D.,

Atlanta, Ga.

Trof. R. (inrofolo.

i^apies, Iipv

mkdico-li-.(;al society

y,c,r

^ Gen'l Procurator, Dr. Julius Glaser,
Vienna, Austria.

W. K. Gowers, M. D.,

London,
Prof. Matiliew Hay,

Aberdeen, Scotland.
J. L. TIanna, Esq.,

BaUimore, Md.

Prof. Dr. F. von Holtzendorf,

Munich, Bavaria.
Ernest Hart, M. D.,

Eondon .
Prof. H. Heiber<;,

Chrisiiania, Norway.
I'lof. A. W. Hoffman,

Berlin, Germany.
Vr. Gershom H. Hill,

Independence, Iowa.
]abez Hogg, M. D.,

London.
Vra{. ]■:. Horsford,

Camljridge, Mass.
Pn.f. Hoffman,

Gratz, Austria.
C. H. Hughes, M. D.,

St. Louis, Mo.

Prof. H. Aubrey Husband,

Dr. Souza Lima,

Manitoba, B. C.

W. W. Ireland, M. D.,

Edinbui<jh, Scotland.

Prof. Axel. Key,

Stockholm, Sweden.

Prof. Dr. Heiman KornfeKI,

Grotkau, Silesia.
Prof. Dr. .v. LaCassagne,

Lyons, France;.
Prof. Henry M. Lyman

Chicago, II!.

Joaciuin (i. Lebredo, M. D.,

Havana, Cuba.
Dr. L. Lewin,

Berlin, Germany.
Prof. Max Leidsdorf,

Vienna, Austria.

Prof. L Leh mann, '

Ciperihagcu, Denmark. \

* Deceased.

Rio Janeiro, Brazil,
Brewer Mattocks, M. D.,

St. Paul, Minn.

*Hon. (^uy H. McMaster,

Bath, X ^'
Jules Morel, M. D.,

(ihent, Belgiu>n
Prof. A. Motet,
I Paris, France.

Prof. Dr. Mier/.ejewski,

St. Petersburg, Russia*
Prof. Dr. L. Meyer,

tiottingen, Germat/v
Prof. R. Olio,

Germany.
Ed. M. Perez, M. 1).,

Buenos Ayres, S. A.
G. Vivian Poore, M. D.,

London, England.
John Dixon Mann, M. D.,

Manchester, England.

Prof. John M. Packard,

Philadelphia,
Joseph Parrish, M. O.,

Burlington, N. J.
Dr. J. A. Peelers,

Gheel, Belgium.
! Dr. Louis Penard,

Versailles, Franc
Augustus J. Pepper, M. 1).,

London.
Prof. F. Pollock,

Lont/on.
S. D Presby, M. 1).,

Taunton. Mass.
Dr. John H, Rauch,

Springfield, lil.
Prof. Roman Ramirez, M. D.,

City of hfexico.
*Dr. Ramaer,

The Hague, Holland.
Prof. John J. Reese,

Philadelphia, Fa

Prof. Dr. V. Reubold,

Wurzberg, Germany,

Prof. Dr. Ludwig Schlager,

Vienn-'\, \ \slria.

*Gen. Staats .\nwalt Sc'i'^rarze,

i '""esden, Saxonv

C;. E. Shuttleworth. M. D.,

Lancaster, Eng.
l)r. Thomas Stevenson,

London.

liQS

CORRESPONDING MEMBERS.

Correr.ponding.

ir. H. O. Sankey, M. D.,
ilascljuvch, N. Shrewsbury, England .

Geo. II. Savage, M. D.,

Bethlem Hospital, London.

H. R. Storer, M. D.,

Newport, R. I.
*Prof, Dr. Axel Jaderholm,

Stockholm, Sweden.

Prof. Arrigio Tamassia,

Padova, Italy.
Prof. Augusto Tamburini,

Turin, Italy.

C. Meymott Tidy, M. D. ,

London.
<Jeo. P. Tucker, M. D.,

Sidney, Australia.
Dr. Rafael Ulicia,

Madrid, Spain.

L. W. Baker,

Baldwinville, Mass.
R. S. Sutton, M.D.,

Pittsburgh, Pa.
Hon. Charles H. Daniels,

Justice Supremo Court,
Buffalo, N. Y.

D. Lentz,

Government Director Belgium Asy-
lums, Brussels, Belgium.
Prof. Dr. Paul Kowalewsky,

Kliarkoff, Russia-
Prof. Senator Andrea Vei-ga,

President Society di Frenialria,

Milan, Italy.

Dr. W. n. Taylor,

Secy. Mass. Medico-Legal Society,

New Bedford. Mass

Dr. G'ulio Chiarugi. Sienna, Italy.

W. H. S. Bell,

Crab am St own,

Cape Good Hope, S. Africa.
Ed Netterville Blake, Esq..

Dublin, Ireland.
John Kinmot,

Edinburgh, Scotland.
Dr Scott Helm, Chicago.

Dr. Ed J. Doering, Chicago.

D. A. K. Steele, Chicago

Emile Hourteloup. Paris, France.
Dr. Fred. Needham

Gloucester, England.
P.(.f. M. Benedict,

Vienna, Austria.
Dr. II. Laehr,

Berlin, Germany.

\n'. L'owan,

Dordreclit, llolhmd
Dr. Wm. Laudau, BerUn. Germany.
Dr. Bettencourt Rodrigues. Lisbon.
Dr Semal, Mons, IJelgium

* Decfiased"

O. W. Wight, Esq., M D.,

Detroit, Mich.

Prof. Dr. Wilhelm Emil Wahlberg,

Vienna, Austria.
F. Winsor, M. D.,

Winchester, Miss.
Prof. T. G. Wormley, M. D.,

Philadelphia.
Prof. Dr. L. Wille,

Basle, Switzerland.
Dr. M. von Buri,

Leipzig, Germany-
Ely Vander Warker, M. D,

Syracuse, N. Y.
Porbes Winslow, M. D. ,

London.
William C. Wile, M. D.,

Sandy Hook, Conn*

Norman Kerr, M.D.,

President Society for Study

and Cure of Inebriety-
London.
Hon. Stanley Mathews,

Justice Supreme Court,

U. S., Washington, D. C.

Dr. P. Heger,

President Society of Mental

Mediciue of Belgium.
Brussels, Belgium.
Dr. F. Lentz, Sec. of Societe of

Mental Medicine,
Supt. Asylum for Insane.

Tournai, Belgium.
Dr. Jose Monteros,

Guatemala, S. A.
Dr. Chas. W, Moore,

San Francisco, Cal.

Prof. Dr. Lefebvrc,

Brussels, Belgium.
Dr. V. Mnguan, Paris, France.

Dr. Fa 1 ret, Paris, France.

Dr. Vertneulen, G' ent, I>e giuni.
Dr. Urquhari, Perth, Scotlaml.

Dr. G. Fielding Blandford,

Jjondon, Engla d.
Edwin Chad^ick, Esq., C. B.,

London,
C. F. Buswell, E«!q., Boston, Mass.
Dr. Jules Sccqnet, Paris, France.

Adolph Kallay, INL D..

Karlsbad, Germany.
Dr. Arthur P. Luff,

London, England

Ih. A. McAlvarez Taladriz,

Valladolid, Spain.
Dr. Guiseppe D. Abuudo.

Pisa, Italy.

ACTIVE MEMBERS.

3H9

ACTIVE MEMBERS.

Allen, John E., M. D.
An^till. Isaac, Esq.
Adatiis, .John .1 , Esq.
Ahnl)-irn(*ll, .Jacob. Esq.
Allison. C'lias. K., Esq.,
Andrews, W s . Emj.
Arnoux. Judfre Win 11-
Allen Henry <;■, Esq.
Ati^ustine, Clark li.. Esq.
AUlrich. D. W , MD.
Archibald. (). Wellin^rton.M.D.
Atchiiison, T. T-, Esq.
Atchiiison. T. A-, M-D.
Arnold, A. B , M. D.
Bell, Clark. Esq.
Bennett. Alice. M. D-
Beach. Judffc Miles.
Bull, Chas. P., Esq.
Berjr, .1. P.. Esq.
BriiTfrs. U. Clark, Esq.
liruuu, K. M , Esq.
Bach, Albert. Esq
Baker, John F.. Esq.
Bradner, N. it.. M. D.
Burnett, Mary Weeks. M.D.
Busteed. Richard W.,Esq.
Biisteed, Richanl W.. Jr., Esq.
Best, Wni. J , Esq.
Beltzhocfer, F. C, Esq.
liennett, Henry S , Esq.
Berfrheiin, L., M.D.
Blackburn. C. U., Esq.
Butler. John S., M.D.
Burke, Win. C, Jr., M.D.
Butts, A C, Esq.
Bryce, P., M. D.
Bleyer. J. Mount. M.D.
Buckham, T. R., M.D.
Baldwin. Benj. J., M.D.
Burrell. D. R., M.D.
Buckniaster, S. B., M.D.
Bartlett, Jas. W., M. i>.
Brown. Geo. W., M.D.
Baker, lleniy D , Dr.
Birnard, Daniel. Esq.
Bartlett, Cyrus K., M D.
Brinton, Daniel L., Esq.
B,)ardnian, C. H., M.D.
Benjamin, Geo H., M.D.
Broad head. Jas. O., Esq-
Bishop. S., M.D.
Billing's, Frank, S. Prof.
Barnard. Chas. A., M.D.
Bini<l, Dr G., F M.
Byrnes, William, Esq.
< arleton. Henry Guy, Esq.
<-Uirrier, D. Al.. Dr.
C'unn, (iianville P.. Dr.
•C'ook, Gustave, Esq.
Clarke. F. H.. M.D. ,
Campbell. Michael, \Dr.
Chew, T. H.. M D.
€lay, D M.. M.D.
Cleland, Thos , M.d!
Cupples. Geo., M.D.
Crane, H. L . M.D.
Cou;;htrey, Milieu M. B., C M.
Callender, J. H., M.D.
Cauldwell, J. M., M D.
Craig. James, Dr.
Cuhn, Albert L., Esq.
Cook, .s. G-, Dr.
Conway, J. R.. M.D.
Compton, A T., Esq.
Calvin, Judge D. C.
*Chadsey, A. J.. Dr.
Clark, Lester W.. Esq.
*Carnochan, JohnM., M.D.
Crosby, D. G . Esq.

Chamberlnin, E. W., Esq.
Connor, Eliza Archard.
Cowles, Ed. J., M.U.
Clift, (ie... D , M.D.
Crane, Albert, Esq.
Clark, S. T., M.D
Chrlstenson. J. S.. M.D.
Crittenden. F E., M.D.
Crookshank. R. Percy, M.D.
Cobb. O. F. M.D.
Donlin, P. E.. Dr.
Dorn, J. H., Dr.
Davies, W. G., Esq.
Dorernus. Chas. A.. Prof.
Davies. Edwin G., Esq.
Davis, C. K., Esq.
Dillon, Judge Jno. R.
Dittenhofter, Judije A. J.
Denhard, C E.. Dr-
Dorernus, R. O , Prof.
Dunphy, J. F.. Dr.
Del-Monte, Leonardo, Esq.
Dupre, Ovide, Esq.
Dickerson, E. N.. Esq.
Dwyer, Ji.lin. M.D.
Dtjiidhue, Judge Charle.s.
Drake, A. N.. M.D.
Dent. Enim^tt C. M.D.
Draper, J., M.D.
Dorsett, J. S , AID.
Denton. A. N.. M.D.
DeKrafft, Wm . M.D.
Dunavant. 11. C, Al.D.
Ellinger, M., Esq.
Elmer, A D.. Dr.
EiUenbenz, Anton, Dr.
Eldridge, G R., E^q.
Elirlich, Judge, S. iVi.
Eads, B. F., M.D.
Fisher. L., Dr.
Frederich, J. . Dr.
Farrington, J. O,. Dr.
Field, David Dudley, Esq.
Flenung, W. Al.Dr.
Frauenslein. G., Dr.
French, Sarah Angle, M.D.
Feldman, Ossip. Dr.
Frost. T. G(dd, Esq.
Field, Alatthew D.
Foster, EugcJie, M.D.
Fux, Edwin M., Al.D.
Francis, Judge William H.
Fuller, F. B-, M.D.
Fairfield. Samuel E., Esq.
Fellows, Jno. R , Esq.
Fischer, Chas. S., Dr.
Fuller, Robert M., Dr.
Fanning, James O., E.'^q.
Foster. Roger, Esq.
Fine. Christopher, Esq.
Feinandcz A. M., M.D.
Fletcher, W. B.. M.D.
Goldfogle, H. M., Esq.
Grimm, J.. Hugo, Esq.
Green. Robt. S.. Esq.
(Jrandin. E. H., Esq.
Geih, H. P., M.D.
Gibbs, Jno. Wilson. M.D.
Goetz, W o'fgang. M.D.
Gaston, J. B , AID.
(irissom. Eugene. Dr.
(irannis. Airs. E. B.
Godding W. W , Al.D.
Goodhart Morris Esq.
(iiberson, N. S., M.D.
(Jarvin, Lucius F. C , M.D.
Guninng. J H., ALD.
Gerry, E T , Esq.
Guernsey, R. S., Esq.

Grant, Gab., Dr.
Gilbert, U. S.,M.D.
Garrison, C. G.. Al.D
Grube, C. H., M D.
Garrish, J. P., M.D.
(bodkin. Lawrence. Esq
Molme, Leicester P., Esq
Henessev, G., Dr.
Hepburn. S., Jr.. Ksq.
Hammersley. A S., Esq.
Hayes. Daniel P., Esq.
Hall, Lu<y Al., AID.
Howard. John ('., Dr
Hawes, Gilbert R., Esq.
Heyzen, Edw. M.
H(jrwitz, Otto, Esq.
Holcombe, Wm. F., Dr.
Hyatt, Hon. S. Burdett.
*Hughes, Gen. Charles.
Hakes, Harry, Esq
Hovt, Henry M., Esq.
Huger, R P., M.D
Higgins, F. W., ALD.
Hurt, a.. .M.D.
Hughes. Chas. E.. Esq.
Horsh. CarlH., ALD
Hirschfelder, J. U., M.D
Howard. Frank H., Esq.
Harct)urt, John AL, M.D.
Hall, W. A , Al.D.
Haviland, Willis H. Jr., Al.D.
Isaacs, Judge. Al. S.
Ingrahani, Judge, Geo. L
Ingersoll. Robt. G., Esq.
Ingram. Frank II., ALD.
James, Ed. C, Es(i.
Joachimson, Judge P. J.
Johnson, H. A., Esq.
Jones. Joseph. M.D.
Jones. M. L., Esq.
James, Prof. Frnnk L.
Jones. S. Preston, ALD.
Knox, T. C . Dr.
Kimball, R. B., Ksq.
*Kellogg. O.H., ALD.
Kellogg, T. H.. ALD.
Kohne, Solomon, Esq.
Kelley. H. J., AID.
Kel.sey. Chas B . ALD.
Kilbourne. E. J.. Al.D.
Knickerbocker, (ieo. S.. M D.
Klingensmith. J. P., M.D
Knapp, W. AL. ALD.
Lay ton, A. R., Esq.
Lochner, J., Dr.
Lyon, R. H..Esq.
Lowey, Benno, Esq
Lewis, J . R., Esq.
Leo. S. N. . Dr.
Lewis, J. B., Dr
Lyons. Fred A. Dr.
Lyddy, James Al , Esq.
Lyddy. Wm. Al , Esq
La Grange. O. IL. Esq.
Little, Robert AL. Esq
Levy, Jefiferson AL, Esq.
Lavelle, Francis, Esq.
Lightfoot, J. R., Esq.
Lewis. W. J. M D.
Lambert. John. Ai D.
Lindorme, C. .\. ¥.. AID
Luff. Arthur P.. Al.D
1 ee, Bradley D.. Ksq.
Lyon.D. S.'Al.D.
Mooie. (ieo. E.. Al.D.
Alarsh, Luther AL. Esq.
Miller, J. F.. Ksq.
*Aliller AL N.. Dr.
McLeod, 8. B. W.. Dr.

370

ACTIVE MEMBERS.

Morton, G. W., Esq.
Matthews, D., Dr.
Messemer, M. J. B., Dr.
Milbank, Robert. M.D.
Morgan, Ed. J., Jr., M. D.
McCarthy, Judfje John H.
Mosher, Eliza, M., M.D,
McDowell, J.H., Dr.
McCleerey, Mary J., Dr.
Metzger, B , Esq.
Mott, A. B.. Prof.
Mann, W. J., Esq.
*Mclntyre, J. E . Esq.
Mann, E. C, M.D.
MacDonald, A. E., M.D.
Milne, Chas., M.D.
MacAdam, Judge David.
Morton, W. J., Dr.
Mott, H. A., Jr., Dr.
Messiter, Geo. N., Esq.
McAdoo, R. M., M.D.
McEwen, R. C, M.D.
McCowen, Jennie, M.D.
Michel, Middlecon, M.D.
McClelland, Mrs. Sophie-
Miller, Geo. B., M.D.
McClelland, Milo A., M.D.
Millard, Orson, M.D.
Moncure, Jas. D., MD.
McFarlane, W. C, M.D.
McFarland, W. W., M:D.
Montgomery, Judge M. W.
Mather, E.,M.D.
Murray, R D., M.D.
Middlebrooke, Edwin, M.D.
Nelson. Wm., Esq-
Nunn, R. J., M.D.
Normile, Judge J. C.
Nordeinan, Herman F., M.D.
Nicol, Delancey, Esq.
Newman. W. A., Dr.
Nugent. Fred. F.. Esq.
Noble, C. W., Dr.
North, Prof. John.
O'Neil, E. D., Dr.
O'Sullivan. R. J., Dr.
O'Dowd, F., Esq.
O'dea, J. J., Dr.
Otterburg, Marcus, Esq.
Ogston. Frank G., M.D.
Orme, H. L., MD.
Parsons. R. L., Dr.
Pape, Adolphus D., Esq.
Pomeroy, O. D., Dr.
Preterre, A. P., Dr.
Pratt, Judge Calvin E.
Palmer. G. W., Esq.
Peet, Isaac Lewis. M.D.
Pomeroy, Hamilton, Dr.
Powell, Seneca D., M.D.
Palmer. B. W., Dr.
Page, Washington E., Esq.
Pennington, A. Sterling, Esq.
Paddock. Frank K., M.D.
Powell, Thos, O., M.D.
Peterson, Frederick, M.D.

Peixotto, Benj. F., Esq.
Palmer. Henry, M.D.
Pusey, H. K., Dr.
Page, Samuel B., Esq.
Palmer, VV. H., M.D.
Quinn, Dennis, Esq.
Quimby, Isaac N., M.D.
Richardson. H. L., M.D.
Randall, S. H., Esq.
Rust, CD., Esq.
Riley, H. A., Esq.
Russell. Ira, M.D.
Russell, P. W., M.D.
Regensberger, A. E., M.D.
*Runkle, Cornelius. Esq.
Roberts, J. D., M.D.
Robinson, D. R. , Esq.
Rice, C. A., M.D.
Rutherford, R., M.D.
Root, Edward K., M.D.
Richardson, A. B.. M D.
Ringold, Jas. T.. Esq.
Robinson, Henry, Esq.
Semple, McKenzie, Esq.
Smith, C. Brainbridere, Esq.
Sampson, Z. S., Esq.
Sterne, Simon, Esq.
Sultan, Simon, Esq.
Satterlee, Leroy F., Dr.
Sedgwick, Judge Jno.
Squire. W. C, Esq.
Stillman, Chas. F., M.D.
Speir, Judge G. M.
Sussdorf, G. E., Dr.
Smith, Hubbard, Esq.
Smith, Stephen, Prof.
Smith. Nelson, Esq.
Skiff. George B., M-D.
Shafer, E. B.. Esq.
Stanton, J. V., M.D.
Strew, W. \V.,M.D.
Seaman, Louis L., M.D.
Strauss, Oscar, Esq.
Stites, Jos. A.. Dr.
Stiies, Henry R., M. D.
Schatz, Adrian E., M.D.
Sharkey, M. T., Esq.
Shepard, E. F., Esq.
Stadler, L. C., M.D.
Se wards, Samuel D., Esq.
Spaulding. C. F.. Esq.
Shepard. Chas. H., M.D.
Stern, Sam'l R., Esq.
Stevenson, W. G., M.D.
Southall, Jas IL, M.D.
Solomon, J P., Esq.
Sullivan. M R., M.D.
Stackpole, Puul A., M. D.
Strattou, Morris U., Esq.
Sale, E. P., M.D.
Somerville, Judge II. M.
Smith, Q. Cincinatus, M.D.
Smith, J. K. \V., M.D.
Simpson, Jaiues. M.D.
Scott, W. J., M.D.
Smith, H. E., M.D.

Smith, Samue-l Wesley, M.D.
Smith. Francis B., Ml).
Stillings. F. A-., M.D.
Tucker, C. P., Dr.
Tucker. Rev. Wm., D.D.
Tomlison, T. E , Jr., E.q.
Tillottson, Chas. H., Ksq.
Thomas, Mrs. M. Loui.se
Tomlinson, Daniel, E.sq.
Trull, W. C, Esq.
Turrell, E. A., Esq.
Tenny, S , Esq.
Thomas, J. C. Dr.
Tauzsky, R., Dr.
Tuthill, J. Y., Dr.
Tourtellot, L. A., M.D
Taylor, John M. Esq.
Thwing, Edward Payson.-U
Towne. Geo. D., M.D.
Tompkins, Henry C, Esq.
Twitchell, Geo. B.. .MD.
Taylor, Philip K., M.D
Talley, R. P.. iM.D.
Turner, Henrv E., M.D.
Ullman, H. Charles, E.sq.
Vanderveer, A., M.D.
Valentine, Ferd. C, MD.
Van Vorst, Fred. B.. Esq.
Von Klein, Carl H., M.D.
Vanderburgh, E. P., M.D.
Vaughan, V. C, Prof
Wallace, C. H., M.D.
Watson. J,, M.D.
Watson, J. H., Esq.
Weisse, F. D., Dr.
Wight, J. S., M.D.
Whaiey, Wm.,Esq.
Weisman, P. H., Esfj.
Wakeman, T. B., Esq.
Wright. C. P., Esq.
Williams, Arthur D. , Esq.
Wightman, F. B.. Esq.
Warner, F. M., M.D.
Wilkins, Prof. Geo.
Wright, Amelia, .M.D.
Whitehorne, Ed. K., Dr.
Westbrook Richard B., Esq.
W^ard, W. A., M.D.
Wey, Wm. C, M.D.
Wardner, Horace, M.D.
Wigmore, John II. , E.sq
vVallace, D. R. . .M.D.
Walsh. J. F, M.D.
Wyllv, King, M.D.
Wolf", A. S., MD.
Wolf, A. S., Jr., M.D.
Ward, John W., M D.
Waterman, Sigusmuad, M.D.
Wilcox, Geo. D., M.D.
Waite. Horschell, M.D.
Waughop, J. W., M.D
Yandell. D. W., M.D.
Young, R. E.. M.D.

{

I
I

*Deceased.

HOTO-ORAVURE CO. N. V.

NINTH INAUGURAL ADDRESS^'

Oh Clark Bell, Esq.

AS PRESIDENT OF THE MEDICO LEGAL SOCIETY.

Fellows of the Medico-Legal Society :

I have to thank you for your great partiality and kind-
ness in again placing me in this chair, with such unan-
imity, as well as for the kind manner in which you have
aided the chair in the very important, and responsible
labors of the year.

MEMBERSHIP.

The Roll of Membership of this body, on December 31,
1887. was 432, composed as follows : Active, 273 ; cor-
responding, 148 ; honorary, 11.

Of these, among active members there were : Law-
yers, 138 ; doctors, 124; scientists, 11.

Of corresponding, there were only 11) lawyers, 111)
physicians, and scientists, 10. Of the honorary mem-
bers, 5 were legal and G inedical, making a total of legal,
163 ; medical, 248 ; scientific, 21. There was upon the
roll 594 members, on December 31, 1888, of whom 429
are active, 151 corresponding, and 11 honorary.

We have elected during the year 103 active and 10 cor-
responding members, a total of 173, and our present
active membership is composed among active of : Legal,
158; medical, 254; scientific, 17. Our corresponding, of
legal, 20; medijal, 121, and scientific, 10, with 5 legal
and 6 medical on the lionorary list.

So that in our total membership at the close of the

*Pronoiinced January 9, 1889.

3<'2 NINTH INAUGURAL ADDRESS.

past year, Deceml.>er 31, 18S8, we had : Legal, 183 ; med-
ical, 381, and scientific, 2 .

We have lost by death 7 active and \ corresponding,
making a total of 11, and our increase of active and cor-
responding membership over deaths, resignations and
suspensions, has been for the year : Active, 156 ; corres-
ponding, 6. Total, 162.

NECROLOGY.

The loss by death among the active members has been
seven : — Dr. James Craig, of Jersey City ; Dr. A. J.
Chadsey, of New York ; Hon. W. A. Dorsheimer, of
New York ; Hon. Chas. Hughes, Sandy Hill, N. Y. ;
Cornelius A. Eunkle, Esq., of New York ; M. N. Miller,
M.D., of New York, formly assistant secretary of the
society ; Dr. 0. H. Kellogg, of Indiana ; J. E. Mclntyre,
Esq., formly secretary of this society, and late of Cali-
fornia ; and of the corresponding members, Achille
Foville, M.D., of France ; J. N. Ramaer, of Holland ;
Prof. Augustin Andrade, of Mexico ; Dr. Enrique a Fri-
mont, of Ozuluamo, Mexico.

THE WORK OF THE YEAR.

The following papers have been re "id before the Society
and many of them published in the Medico-Legal Jour-
nal :

"Eighth Inaugural Address," by Clark Bell, Esq.;
"Criminal Jurisprudence,'' by P. Bryce, M.D.; "Best
Methods of Executing Criminals," by J Mount Bleyer,
M.D. ; " Hypnotic, Trance and Kindred Phenomena," by
E. P. Thwing, M.D.; "The Menopause in relation to
Insanity," by T. K. Buckham, M.D.; " The Prognosis of
Pelvic CeUulitis," by W. Thornton Parker, M.D.; " Pos-
sibility of Air in Heart in Infanticide," by F. W. Hig-
gins, M. D.; " The After-death Absorption of Arsenic,'

NINTH INAUGURAL ADDRESS. 373

by Geo B. Miller, M.D.; " Report of Committee on Best
Methods of Capital Punishment"; "Medical Jurispru-
dence of Inebriety," by Mary Weeks Burnett, M.D.;
"American Life as related to Inebriety," by Edward
Pay son Thwing, M.D. ; " Rape by Boys," by Daniel Brin-
ton Esq., of Baltimore ; " A Case of Supposed Abortion,"
by W. Thornton Parker, M D., of Newport; "Report
on Nationalization of the Society," by the President,
Clark Bell, Esq.; "Is Belief in Spiritualism ever Evi-
donc of Insanity per se P' By M. D. Field, M.D.; ''The
Webber Murder Case, m Philadelphia, " by Wm. Wilkins
Carr, Esq., of Philadelp!)ia ; " The New Judicial Depart-
ure in Insanity Cases," by Clark Bell, Esq.; "Should
Inebriates be Punished by Death for Crime ?" by T. D.
Crothers, M.D., of Hartford ; " Physiology and Psychol-
ogy of Crime," by Rev. Wm. Tucker, LL.D., of Ohio;
"Hypnotism," by Morris Ellinger, Esq.; "Euthanasia
in Vrticulo Mortis," by E. Pay son Thwing, M.D. ; " Testa-
mentary Capacity in Mental Disease," by A. Wood Ren-
ton, Esq., of London ; " Report of Committee on Execu
tion by Electricity " ; " Death by Electricity in Capital
Cases," by Henry Guy Caileton, Esq.; " Circumstantial
Evidence in Poisoning Cases," by John H. Wigmore, Esq.

NATIONALIZATION OF THE SOCIETY.

By far the most important of the labors of the Society
daring the past year has been that of absuming the
national character and organization, which the history,
labors and and traditions of ^ the Society entitled it to
accept.

It had for many years represented the best American
thought, upon Medical Jurisprudence in both profes-
sions ; it was proper that it should be national and cease
to be local in its labor. The organic law w^as amended.

374: NJNTH INAUGURAL ADDJtESS.

Members from the various States and Territories, and
other countries united, and at our recent election, vice-
presidents of the body were elected from nearly every
State and Territory in the Union, and from some foreign
countries and colonies. To this movement so much of
the ti ne of the chair has been devoted that other inter-
ests have perhaps suffered for want of proper attention.

The accessions from other States and countries have
been very large. It may seem invidious to name par-
ticular States, but the palm has been closely contested
by the greatest of the Southern States in territory, Texas,
and the smaller State of New Hampshire, the latter of
which has thus far furnished most of our new member-
ship in proportion to her area and population. For this
result in New Hampshire, I desire thus publicly to ex-
press the thanks of the body to United States Senator
W. E. Chandler, to whose valuable and efficient co-oper-
ation with the chair this result is largely due, and to Dr.
T. R. Wallace, of Texas Insane Asylum, and Hon.
Thomas Ochiltree for the great success in Texas.

To carry such a work into every State and Territory,
reaching the more prominent members of the professions
interested, is no small labor, but the coming year will
doubtless double our labor of 18S8 and make this Society
one of the most commanding and prominent factors in
the advancement of Forensic Medicine among civilized
nations.

The great success that has attended our labors in tliis
respect, is also largely due, and I take pleasure in thus
acknowledging the very efficient aid of Senator Davis, of
Minnesota ; Senator Beck, of Kentucky : Governor
Green, of New Jersey ; ex-Governor Hoyt, of Pennsyl-
vania ; Judge Somerville, of Alabama ; Judge Montgom-
ery, of Washington, D. C; Judge Normile, of Missouri ;

NINTH INAUGURAL ADDRESS. 375

Dr. T. R. Buckhain, of Michigan ; Dr. Milo A. McLelland,
of I linois ; ex-Governor Watson C. Squire, of Washing-
ton Territory ; Judge Wm. H. Francis, of Dakota ; and
that distinguished body of Superintendents and assist-
ant physicians in the Hospitals for the Insane, more
than thirty two of whom have united with the Society
during the year that has just closed, and who have with-
out exception Ughtened the labors of the chair in this
regard.

Too high praise cannot be awarded to the splendid aid
lent by the public press to the work of this body. The
New York Herald has given it great attention. The
New York Tribune has also given our work high endorse-
meiit and praise. The Mail and Express published the
prize essay of Mr. Wigmore. The New York World
published the paper of Mr. Carleton. The World and
Sun have loaned us electrotypes, and the leading jour-
nals of this city have extended courtesies of great import-
ance, and are entitled to our thanks. To the Medical
and Law journals, home and foreign, are we greatly
indebted for like favors, and it gives me i Measure to pub-
licly return the thanks of this body to the press for its
cordial aid.

THE PRIZE ESSAYS.

Through the generosity of that public spirited mem-
ber, Mr. Elliott F. Shepard, and the private contribu-
tions of a few of our more enterprising members, three
prizes were offered — one of $100, one of $75 and one of
$50, for the first, second and third best essay on any sub-
ject within the domain of medical jurisprudence.

There were ten papers contributed in competition,
and the prizes were awarded by a committee composed
of Ex-Judge Noah Davis, Ex-Judge John F. Dillon, W.

37B NINTH INAUGURAL ADDKESS.

G. Stevenson, M. D., Stephen Smith, M. D., and E. W.
Chamberlain, Esq.

The first prize was awarded to John H. Wigmore,
Esq., of Boston; the second to J. Hugo Grimm, Esq., of
St. Louis, and the third to Edward M. Hyzer, Esq., of
Janesville, Wis. Honorable mention was made of a
second paper by Mr. Wigmore, one by Prof. Ed. Payson
Thwing and one by the President of the Society. As it
will be hardly possible to find space in the Journal for
all these papers, I recommend that the larger part of
them be published in book form, under the auspices of
the Society, if sufficient encouragement is given by
members towards providing the necessary funds without
expense to the Society. The three prize essays ^nd
those receiving honorable mention could be published
so as to sell to members at cost who subscribed, at
the nominal sum of $1.00, in cloth, and 50 cents in
paper ; and, if sufficient members order them, they will
be published and will form a notable contribution to
the forensic literature of our times, and add to the good
work of the Society.

The success which has attended this effort has been
such as to warrant its continuance, and I have th^ honor
to announce that I will offer in my own name the first
prize of • $100 for the best essay of the ensuing year,
competition to close September 1, 1889; and I do not
doubt that similar prizes for second and thii'd best essays
will be provided for same amounts, by subscription, which
will be shortly sent to a few of the leading public-spirited
members of the body.

PUBLICATIONS.

The Society during the year has published a volume
on the " Medical Jurisprudence of Inebriety," embracing

MNTH INAUGURAL ADDRESS. 1^17

the more notable papers germane to that to])ic read be-
fore it, with the discussion upon them. This volume
has just been issued, and is offered to membeis at 50
cents cloth and 35 cents in paper.

It is a publicalion which reflects credit upon tlie So-
ciety, and is a valuable addition to the literatuie of our
era on a topic now engrossing so large a share of pubhc
attention.

^'Medico-Legal Papers, Series 4,'' has progressed, and
about one-half of the volume of 550 pages is completed.
Subscriptions to this work, and to "Series 5," which will
follow it, come in constantly, which hive been an-
nounced in the Journal.

It is only by these subscriptions — at S3. 50 cloth, and
$2.50 paper — that the body has betn able to publish
these valuable papers read before the Society prior to
the commencement of the Journal, and the consequent
preservation and addition of the same to the forensic
literature of our era.

'* Medico Legal Papers, Series 1," has for some time
beeu out of print, the edition being wholly exhausted.

An effort is now being made to publish another edi-
tion of " Series 1/' embellishe'l with portraits and illustra-
tions, which will be done if those members who have
not that series in hand ca';e to subscribe. It can be fur-
nished at $3.00 iu clotli and $2.25 in paper, and if suffi-
cient members order it, the publication will be com-
menced without expense to the Society beyond subscrip-
tion to the usual number of copies for those societies
and journals to whom it is under obhgation to send
copies of its publications.

The Medico-Legal Journal has been, i)eihaps, the
most important factor in carrying on the work of the
body. Its circulation has increased and its exchanges

378 NINTH INAUGURAL ADDRESS.

are now with the host journals of the kindred sciences in
the world. By it the labors of the body and interest in
the subjects discussed reach the students, workers and
thinkers in forensic medicine in all lands.

The burden and labor of this publication has fallen on
a few. The members of the Society have been furnished
with it, at less than its actual cost. The moment the
fiaances of the Society will permit, these conditions
should be changed, and members of the Society who can,
should aid the Journal in all ways in their power,. by
increasing its subscribers and sending it financial supr
port.

THE LIBRARY.

The principal contributors to the Library during the
past year have been our new and our foreign members.
Some measures should be adopted to place the Library
on a more firm foundation and to interest members in
its success.

The extraordinary duties now imposed upon the Chair
has prevented that personal attention hitherto given
this important subject, and some one should volunteer
to take up this neglected question, and bring the cause of
the Library to the front. If every member would an-
nually donate one volume, it would add notably to our
already valuable collection.

PROGRESS OF THE SCIENCE.

There is steady growth in this country in medical
jurisprudence.

The Medico-Legal Societies of Philadelphia and of
Chicago are in a most flourishing condition.

The Med ice -Legal Society of Massachusetts and of
Rhode Island, compo>ed of the Medical Examiners in
those States, who supersede there the Coroner system.

NINTH INAUGURAL ADDRESS. 371J

are doing splendid work and awakening interest in
medico-legal questions.

In some of the State Medical Societies medical juris-
prudence is ignored, and in some it is cared for.

In the associations of the Bar it is almost wholly ig-
nored.

In the medical colleges it is, in some cases, given at-
tention, and in a few of the law schools, but it is a scan-
dal upon both professions that their schools of law and
of medicine give so little attention to those subjects
now so exciting public attention, and which are entitled
to professional recognition from every point of vieiv.

LUNACY LEGISLATION.

The crying evils of our lunacy statutes, everywhei'e
acknowledged, and to which attention has been called
by the Governor of the State, is cause of regret and
apprehension.

Various measures for relief have come before the legis-
lature and the people. Several are now under consid-
eration.

It is my deliberate conviction that no sound remedial
legislation is attainable in the State of New York, except
by or through a legislative commission, or a commission
named by the Governor of the State. This has been pre-
viously urged upon the executive and legislature, by the
Medico-Legal Society. We trust that the time is near
at hand when a carefully selected commission will be
named and charged with the duty of a thorough revision
of the Lunacy Law of the State.

JUDICIAL EXECUTIONS BY ELECTRICTY.

The abolition of hanging as a death penalty has been
for many years discussed in this body.

380 NINTH INAUGURAL ADDRESS.

The " Diagnosis of Hanging," by Tardieu; '' The Death
Penalty,'' by Dr. Alonzo Calkins ; a Uke paper by Prof.
Packard of Philadelphia, and the recent papers by Dr.
J. Mount Bleyer and Henry Guy Carleton, Esq., have
been read before the Society at various times during the
past fifteen years.

The committee appointed by the Governor made their
report upon the subject, January 18, 1888, recommending
the abolition of hanging, and the substitution of death
by the electric current.

The select committee of this Society reported at the
March meeting, favoring the course recommended by
the State Commission, and their action was transmitted
to the legislature soon after by this society.

The legislsture passed an Act carrying out the lead-
ing features of the report, and the Governor signed the
bill which, by its terms, went inio operation January 1,
1889.

The Medico-Legal Society, on the recommendation of
the Chair, named a committee to examine the whole
subject, conduct experiments with the aid of competent
electricians, and report for the benefit of the public
authorities, the best method of carrying this law into
effect.

This committee made a report in December, 1888,
recommending the use of the alternating current, which
had the endorsement of high electrical authority, was
approved by the body, and the subject is now under dis-
cussion in scientific circles throughout the world,
t

THE INTERNATIONAL CONGRESS OF MEDICAL .JURISPRU-
' DENCE IN NEW YORK.

On the first Tuesday of June, 1889, there will be held
in New York, an International Congress of Medical

NINTH IN.UGUKAL ADDKE^S. 3^1

Jurispradence, to which all scientific bodies and scien-
tists throughout the world are invited to be present, and
contribnte papers, in any langnage.

It will continue four days, and the delegates and
strangers during the session wil be the guests of the
Members of the Medico Legal Society. A large attend-
ance is expected, and already many papers have been
promised by eminent scientists, home and foreign. A
volume of the transactions of this Congress will be
published, to be furnished subscribers in paper cover,
at $1.5(>'each; cloth, $2.00.

The details will be settled by appropriate committees
to be hereafter announced.

A Committee on the Legal Eequirements of Autopsies
is nearly ready to report.

The Committee on Hypnotism is conducting its ex-
perimental work.

Committees on Re-Organization of the Morgue ; on
Criminal Responsibility of Deaf Mutes ; on National and
State Chemists, and on the " Comstock Seizures " have
not concluded their labors.

The Committee on Legislation Regarding the Insane,
will be continued for work during the coming year, as
to uniformity in laws of the various States, and the
newly re-organized committees will be announced hero-
after.

GREAT BRITAIN.

There has been no especial advance made in Forensic
Medicine during the past year, nor has any National
Society been organized in the British Isles. The amend-
ments to the Lunacy Laws are still pending before the
English Parliament.

382 NINTH JNAUGUUAL ADDRESS.

FRANCE.

The Medico-Legal Society of France carries forward
its work with vigor and ability.

The French Journals are as able and influential as in
previous years.

GEKMANY AND AUSTRIA.

While there is no Society of Medical Jurisprudence
in any of the German speaking countries, the science
receives considerable attention from the Societies of
Psychiatry at Berlin, and at Vienna. Tne Quarterly
Journal of Medical Junsprudence in Berlin, and Fred-
icks Blaater of Legal Medicine at Nuremburg, maintain
their high standard of excellence. Nearly all the allied
sciences, and that of law are ably maintained by a great
body of able Journals in Austria, Bavaria, Germany
and all the Germai: speaking cities and counties.

ITALY

has no Medico- Legal Society, but it has a large body of
workers in the science, and the ablest arrav of Journals
of any country.

La Revista Sperimentale di Medicin Tjcgali is a
standard Journal of the Science, and the Legal, Social
Medical and Scientific Journals of Italy are second to
none in the world.

BELGIUM AND HOLLAN]).

The Society of Mentale Medicine of Belgium and the
Netherland Society of Psychiatry represent the leading
work in that branch of medical jurisprudence relating
to mental medicine. A movement is on foot in Belgium
to organize both professions into work upon medical
jurisprudence in a Medico-Legal Society which has the
favor of medical men there. If the Belgian Bar meets

NINTH INAUGURAL ADDRESS. 3>i3

this in the proper spirit it will produce early and good
fruit for the progress of the cause.

RUSSIA AND SCANDINAVIA.

The Society of Psychiatry of St. Petersburgh, under the
able presidency of Prof. Mierzejewsky, and the leading
Russian and Scandinavian journals, keep pace with the
advance of scientific progress in forensic medicine in these
countries, which have no journal especially adapted to
me.lical jurisprudence except the new one re "ently
started at St. Petersburgh, which has not been received
by us. The journals conducted by Prof. Mierzejewsky
and Prof. Kowalewsky maintain their high standing.

SPAIN AND PORTUGAL

have both made progress. A new journal devoted to
medical jurisprudence has been commenced at Madrid,
under the leadership of a prominent lawyer, Signor A.
M. Alvarez Taladriz, which gives promise of good work,
while in Portugal a successful journal is conducted by
Dr. Bettencourt Rodrigues, which is received in ex-
change for our publications.

CENTRAL AND SOUTH AMERICA.

No societies are yet formed in the Central or South
American countries of the two professions of law and
medicine, but able journals are published in Cuba and
elsewhere, mainly on medical topics. Quite a number of
eminent men in these countries take an interest in our
labors, and we are extending our membership into these
fields.

THE WORK OF THE COMING YEAR.

The principal effort should be to carry forward with
en(irgy the woi'k of nationalization of the body, and se-

384 NINTH INAUGURAL ADDRESS.

cure members in every State and Territory, and in each
foreign country and colony, who will be in relation with
this body and represent the work in every locality, in-
creasing our membership to at least 1,000 members to
co-operate in the movements now going foiward to
bring the lunacy laws and other laws of the various
States into some general system of harmonious working.

To comp'ete the labors of the various committees of
the body.

To devise best plans by which the members in the
various Stales and countries can bring questions arising
in their locality to the attention and action of the body,
and to develop and increase the public interest in for-
ensic medicine.

I renew the recommendations made by me last year
as to the importance of State and National chemists,
under the pay of the State or the government, to be at
the service of accused persons or the. government in
criminal trials.

I strongly urge the re -organization of the Morgue up-
on a basis that shall place its administration in charge of
the most eminent toxicologists and scientists in the city,
with a well-equipped medical staff ; I recommend that
this body, through an appropriate committee, urge upon
the medical schools and colleges the urgent need of chairs
of medical jurisprudence as a feature of medical educa-
tion, and upon the State Medical Associations the organ-
ization of a separate section upon forensic medicine.
Upon the higher universities the great importance of this
science, and to the National and State Bar Associations
of the Union the establishment of standing committees
on that much neglected but essential branch of a com-
plete legal education, " Medical Jurisprudence." I con-
gratulate the Society upon ihe wonderful growth and

NINTH INAUGURAL ADDRESS.

385

prosperity of the past year, and hope that we may all
enter wi:h renewed zeal and energy upon the labors of
another, determined to outstrip the work of the year
just closed.

DEATH-CURRENT EXPERIMENTS AT THE
EDISON LABORATORY,

By Hakoi-d p. Bkown.

The law requiring condemned criminals to be executed by electricity goes
into effect on January i, 1889, and at the request of Prof. R. Ogden Doremusand
others of the committee of tlie Medico-Legal Society appointed to determine the
best means of putting the law into effect, it was determined to experiment with
animals of equal or greater weight than a man. The only objection that has been
raised to the experiments made upon dogs last summer was that the heaviest
weighed but ninety pounds, and it was assumed that much more or higher E. M.
F. would be required to make death certain and instantaneous to a human being.
I therefore invited the committee and Mr. Elbridge T. Gerry, author of ihe elec-
trical execution law, to witness tests to determine whether or not this objection
was well founded. These tests took place on Dec. 5, at Mr. Edi on's laboratory,
at Orange, N. J.

The first animal was a calf, weighing 124^^ pounds. A sponge- covered disc
two inches in diameter was applied to the forehead between the eyes, the hair be-
ing first clipped. The second electrode was made of wire netting four inches
long and two inches wide, also sponge covered, applied at the left of the spine,
back of the shoulders. The sponges were saturated w 'th a solution of zinc sul-
phate, having a density of 1.054 at 60 degrees Fahrenheit. The resistance
between the electrodes was found to be 3,200 ohms. A Siemens alternating current
dynamo was used, its field being charged from an ordinary direct current dynamo,
and Its E. M. F. was regulated by variable resistance in the field circuit.

In the first experiment the main current was passed through the low resist-
ance coil of a large converter made by an electric lighting company, and the calf

FIG. 2

DEATH- CURRENT EXPERIMENTS.

387

placed in circuit with the high resistance coil for 30 seconds at 3:50 r. M. Before
closing circuit on the subject the C'ardew vnUmeter showed i.ioo volts E. M. F.
in the Secondary, but as soon as closed the potential at once fell to 100 volts, and
remained sraiiomry. The animal dropped, but was uninjured, and rose to its
feet nine minutes later.

FIGURE 3. — METHOD OF CONNECTING DYNAMO AND SUBJECT.

The converter was then disconnected and the main current at 770 volts E, M.
F. was applied for eight seconds at 3:59 p. m. Death was instantaneous. The
animal was at once dissected by Drs. Peterson, Ingram and Bleyer. In the brain
the vessels were found filled with blood, but there was no hemorrhage. The brain
remained very warm, even after being exposed for ten minutes to the air and im-
mersed in cold water. The heart and lungs were found to be perfectly normal.
The hair on the forehead projecting beyond the sponge touched the metal plate
and was scorched, but the skin was uninjured.

The second calf weighed 145 pounds and had a resistance of 1,300 ohms
between the electrodes, which were applied as before, the metal of the disc being
further protected by wrapping with cotton waste. At 4:26 P. M. the alternating
current at 750 volts E. M. F. was applied for five seconds. Death was instanta-
neous, the heart stopping at once, but reflex movements upon excitation were
observed for one and a half minutes. The calves were pronounced by the butcher
to be in good condition before the experiments, and their meat was certified to be
fit for food.

To settle the question as to weight, I used as the next subject a horse weigh-
ing 1,230 pounds, with halter. His hip had been dislocated, but otherwise he was
in good health and condition. Connections were made by wrapping cotton waste
saturated in water around each foreleg, and holding that in place with bare copper
wires. (See figure 4.) This was suggested by Mr. Edison's plan of execution

by electricity, in which the criminal was to be held in metal wristlets for electrodes.
It was suggested by the physicians present that with this connection the current

388 DEATH-CURRENT EXPERIMENTS.

would pass through the horse's chest muscles and not reach the spinal nerves or
the heart. This proved to be the case, and the contact of the wires on the cOtton
waste was insufBcient. The resistance was ii,ooo ohms.

It was attempted to pass an alternating current of 1,200 volts E. M. F.
through the animal for the fraction of a second by closing circuit with a rapid blow
of a hammer on a metal plate. But in preparing for the experiment the Cardew
voltmeter was disabled; a series of lamps was then substituted and the E. M. F.
calculated f/om their number and brilliancy. The current from ihe dynamo was
passed through the converter above mentioned, but with unsatisfactory results in
obtaining the desired E. M. F. in the secondary circuit. A large ring converter
was tried with no better results; the small ring converter used by me in the dog
experiments was then substituted, and the dynamo field- circuit resistance adjusted,
until a series of eighteen lamps of the Edison type were brought up to redness in
the secon'^ary circuit.

At 5:20 p. M. the current was applied by a single tap of the hammer, but the
animal was uninjured. The converter, which was deemed of insufficient capacity
for the purpose, was then abandoned, and the dynamo current used. A series of
seven lamps was connected to the main wires and brought up to bright redness.
At 5:25 P. M. contact with the horse was made for five seconds without serious
effect. At 5:27 the same current w-as app'ied for fifteen seconds, but with no
apparent injury. A series of seven lamps was then brought up to candle-power,
indicating 700 volts, and the curre/^t applied for twenty-five seconds at 5:28 p. M..
during which the water steamed from the cotton waste, showing insufficient metal
contact. The result was fatal. In this, as well as in the other cases, death was
instantaneous and painless.

These experiments demonstrated beyond question that the alternating current
is the best adapted for electrical executions, and, after wimessmgits life-destroying
qualities, the committee were not a little startled when I told of the results of
recent tests for leakage made by me not long since on the circuit of one of the
alternating current stations in this city. I grounded one terminal of a Cardew volt-
meter in whose circuit was six times its resistance in platinum wire; the other end
I touched to one of the primary wires of the circuit. A deflection of 95 degrees
with this resistance in circuit would indicate 700 volts; but, to my astonishment,
when contact was made the needle turned to 360 degrees, when the protecting
fuse burned out.

In the last experiments I determined that I would leave no opportunitv for
some to say that the subjects were " in a dying condition," and so had them care-
fully examined by the physicians present, and the horse photographed. Those who
witnessed the experiments were Mr. Thos. A. Edison, through whose kindness I
was allowed the use of apparatus; Mr. Elbridge T. Gerry, Prof. R. Ogden
Doremus, Prof. Chas. A. Doremus, Dr. Frederick Peterson, Dr. Frank H.
Ingram, Dr. J. M. Bleyer, Mr. Galvin, M. Bourgonon, Mr. John Murray Mitchell
and Mr. A. E. Kennelly, who kindly took charge of the measurements.

DEATH-CUKRENT EXPERIMENTS.

:wj

DEATH BY ELECTRICITY IN CAPITAL CASES.

By Henry Guy Oakleton, Esq.*

Mr. Vresident and Gentlemen of the Medico-Legal So-
ciety:

The exhaustive report of Messrs. Elbridge T. Gerry, Al-
fred P. South wick and Matthew Hale, Commissioners,
made to the Legislature of this State, and the most
learned report of your own committee, rnade at the last
meeting of this society, leave but little to be said upon
the subject of carrying into effect the sentence of death
in capital cases by means of electricity, as now contem-
plated by the law.

The advisability of inflicting death instantaneously by
a silent and invisible current, instead of by the counter-
weight, or trap and rope, is too apparent to need discus-
sion.

The injury done to the community by the frequent
bunglings of inexperienced executioners, by the con-
course of morbid sightseers often admitted to the hor-
rible .^cene, and by the sensational reports of the con-
demned man's last moments, l^st words and struggles,
has already been ably shown.

The lowering of the dignity of the law, by carrying
out its sentence in a manner calculated to shock the be-
holders, has been justlv considered.

Experience has shown that capital punishment is a
necessity of justice, but civilization demands that its in-

* Ilejul before the Medico- Legal Society December Mectin.', 1888.

DEATH BY ELECTRICITY IN CAPITAL CASES, y>\)\

fliction shall be strip])ed of barbarity, and that through
it 110 harm come to the community, and these points
also have been carefully weighed by the State Commis-
sion and by your committee.

It only remains, therafore, for me to offer you my
opinion as to the form of apparatus to be used.

There can bo no difference of opinion upon the ques-
tion that an alternating current of 3,000 volts, trans-
mitted from a dynamo, is capable of producing instant
death if properly applied to a human being.

By conductors suitably insulated, this current may be
safely and surely brought to the place of execution, and
by means of the double-pole switch, familiar to every
telegraph engineer, may be turned on or off with entire
safety to the operator.

By a shunt and galvanometer, so easily constructed as
not to need description, and operated by the double -
pole switch afoiesaid, the operator of the death apj^jar-
atus may see that the current is on the wires before
turning the switch.

Now, as to the proper place to apply this current,
and the simplest form of apparatus to use.

To transmit the current through the arms might pro-
duce death, but would also cause excessive muscular
contraction which would last long after life was extinct,
and which might even be so great as to disarrange the
apparatus.

To transmit the current tlirough the arms and thence
tlirough the trunk and legs, is open to still greater ob-
jection on the same grounds.

To apply one pole to the apex of the heart and the other
to the neck where it would reach and affect the phr. nic
nerve, would i-esult in instant arrest of circulation and
respiration, and lience death ; but it would be necessary

392

DEATH BY ELECTRICl'IY IN CAPITAL CASES.

to partially strip the condemned man to accomplish this,
and even then the apparatus would be difficult to adjust,
and as executioners are neither electricians nor anato-
mists, misiakes could easily be made.

To paralyze the brain is to immediately arrest all
functions of the body, annihilate consciousness and sen-
sation and produce death. The less resistance offered
to an electric' current the greater its energy. The smaller
the compass of the organ to which the apparatus is to be
applied, the simpler the mechanical forms required.
Consideration of these facts lead me to a conviction that
the application of the electric current for this purpose
should only be made to the condemned man's he.id.

I submit herewith an outline sketch of an apparatus
which I have devised for the ex cution of criminals by
electricity, and which embodies my ideas. Its parts are
as follows :

1. A stout chair, A.V, of wood, with its back inclined
as shown, securely fastened to the floor by suitable bolts.

2. Two stout leather bands riveted to the chair, as
shovv-Q, and capable of rapid tightening by means of
their buckles.

3. A curved metal rod, preferably of co] per, K

DEATH BY ELECTRICITY IN CAPITAL CASES. '>93

pressed forward and downward with moderate force by
the spiral spring at the pivot SP, and terminating in a
slightly concave metal knob M, covered with felt, satur-
ated with a strong solution of sulphate of zinc.

4. A rubber or leather collar, G, fastened by a buckle,
as shown, and bearing a metal plate, H, also covered
with felt saturated with a strong solution of sulphate of
zinc, said plate being adjusted to tthe nape of the neck,
over or just below the medulla oblongata, and bearing a
foot or more of stout wire.

5. Two binding-posts, D, D, and two tubes of hard
rubber, or other insulating material, R, R, conducting
the wire beneath the floor to the double-pole switch,
which can be located wherever desirable.

6. The head-strap, W, of leather, bearing three hooks,
S, S, S, to which may be attached the cloih for veiling
the face, and a padded head-cushion.

The angle of the back of the death-chair will give par-
tial support to the body when it relaxes after death.

The two binding-posts are well insulated from the
chair by hard rubber, as shown.

I should recommend that the pole P, the knob K,
except its lower extremity, and the binding screw
heads and trunks be encased in hard rubber as an addi-
tional precaution, although before the double-pole switch
is turned no current can be on either conductor.

The adjustment of this apparatus should be very
simple and rapid. The collar G is placed about his neck
in the cell while he is being pinioned. When he is
seated in the chair the executioner first adjusts the head-
strap, then secures the wire H running fiom the collar
to the binding-post D, then hangs the face-cloth to the
hooks S, S, S. By this time his assistant has fastened
the buckles of the straps BB. The pole P is then thrown

394 DEATH BY ELECTRICITY IN CAPITAL CASES.

forward, the spring SP keeping it pressed against the
skull. This operation, from the time the criminal seats
himself until the switch is turned, should not exceed
fifteen seconds.

It might be urged that the hair would prove an obsta-
cle to the current from the pole P. It must be remem-
bered tha'j all felons are cropped on entering a peniten-
tiary, and that the wet felt will insure the transmission
of the current.

By; proper guarding of the switch no possible danger
can be incurred by the operator or his assistants while
adjusting the condemned, and after the current has been
turned off the apparatus is again rendered harmless.

INSANirV AS A DEFENCE TO THE CHARGE

OF CRIME.''

By T. lluoo Grimm, Es(^ , of St. /.oris, Mo.

One of the most distinguished of American Judges, in
delivering an opinion in a well known case, remarked
that "of all medico-legal quest ons, those connected
with insanity are the most difficult and perplexing ; "
and with this statement all who have ever considered
the subject of insanity in its legal relations will fully
agree. It was not, however, on account of its character
in this respect that I selected my subject, but rather on
account of the interest I feel all thoughtful people have
in the subject, and of its great importance to the com-
munity at large. ,

There are several reasons which contribute to the
great doubt, w^hich, notwithstanding the careful and
painstaking study which it has received for more than
a century by both the medical and the legal profession,
still envelopes this subject. There are doubts and un-
certainties not only as to the nature of the disease itself,
but also as to its true relation to the law, — the fact of its
existence being satisfactorily established.

And first, the subject presents to the. medical world a
field siil] to a great extent unexplored The line between
sanity and insanity is so shadowy and ill-defined that
there are to be found many cases, indeed, in which ex-
perts are not agreed as to whether they fall on the dark
or on the light side of the line. Again, it is clear from

* Read before the Medico-Legal Society, F.-bnmry 13, 1889. This essay
won tlie second prize in the competition, awarded by the commiitee of the
Medico- Legal Society.

396 INSANITY AS A DEFENCE

the variety of definitions of this malady to be found in
the writings of those who have made it a study, that
different medical experts form different conceptions of
its nature and causes.

That insanity is manifested by abnormal conduct, re-
sulting from abnormal action of the mind, is probably
admitted on all hands ; but as to what it is that pro-
duces this abnormal action of the mitid there is some
diversity of opinion. It seems that some experts, still
holding to the philosophy which sees in man a duality
— a union of matter and spirit — admit that the disease
may have its seat in the spiritual essence, or that the
abnormal action of the mind may be due to a disturbed
relationship between these two constituent factors.
Others, and I might say the great majority of the med-
ical profession, clinging to the materialistic philosophy,
scout such ideas as these, and insist that physical dis-
ease is the basis of insanity. This materialistic view,
to which there can be no objection from a purely legal
standpoint, has resulted in two different classes of defi-
nitions of insanity, the one based on the deranged func-
tion, the other on the physical disease producing the
disturbed function. These definitions, we see, are the
result of the different aspects in which the same thing
is viewed ; in the one the conduct is kept in view while
physical disease is admitted as causing it, while in the
other the disease is the fact before the mind while ab-
normal conduct is recognized as its effect. It is natural
that the doctor will perfer the latter class of definitions,
and just as na+ural that the lawyer will prefer the
tormer, for it is disease that the doctor is looking after,
and it is conduct which primarily engages the lawyer.

While, as was said, the majority of the medical pro-
fession agree that physical disease is the cause of abnor-

TO THE CHARGE OF CRIME. 397

mal mental function (whether they call the disturbed
action of the mind "insanity," or whether they desig-
nate the disease itself by that term), the exact nature of
this disease, or its location in the human body, have not
been determined. Many find the physical cause in a
diseased brain, others hold that the disease may be located
in any portion of the nervous system even outside of
what is commonly understood by the brain. Others
find the cause of insanity in the blood. In the "Ameri-
can Journal of Insanity " for April, 1859, I read : —
"Insanity, in a purely medical sense, is a hypothetical
form of bodily disease. To this term are referred only
those cases in which mental der mgement exists, and in
which no organi j basis or other proximate cause can be
determined." "Thus, softening of brain, sunstroke,
fracture of skull, fevers and alcoholic and other poison-
ing are not insanity, though more or less connected with
derangement of mind." This quotation while it does
not justify any such inference as that the basis of insan-
ity is not physical, does show that at the time the article
from which I quote was written the nature and loca-
tion in the human body of the disease lying at the root
of insanity had not by any means been determined.
And as to these two questions it does not seem that
more recent investigations have thrown much light upon
them.

Now, then, without looking further for the physical
cause of insanity, for this can be of little consequence in
the present discussion, let us ask how its presence is
shown. The answer is, " By abnormal conduct, for con-
duct, including language, of course, is the only manifes-
tation of the action of the mind." Insanity, then, is
shown by abnormal conduct. What conduct is to be
characterized as abnormal is, of course, a rather delicate

39'^ INSANITY A.S A DEFENCE

question, and I presume no one has been rash enough to
venture a definition of insanity based on a person's
ac.ions and conduct merely. Each case must be judged
for itself ; conduct which would be decidedly abnormal
in one, would be just as decidedly natural in a different
person.

The great and almost insuperable difficulties inhering
in this question of insanity, have been fully appreciated,
and many eminent scholars have denied that the term
could be defined. As a form of disease it is quite likely
that any definition of it would be unsatisfactory, nor, I
presume, is it necessary as far as the medical profession
is concerned to have a definition of the term. When we
come to the law, however, and speak of insanity as
being a defence to crime, we must have a clearly defined
notion of what is meant by the term, — it then becomes a
legal term, and like every other legal term, must have
an exact, call it techinal if you will, meaning. The law
determines what acts are forbidden, and also determines
what shall be an excuse for the commission of a forbid-
den act. Now, the terms expressing these forbidden
acts (crim3s) as well as those expressing the conceptions
of what constitute defences must have a precise, certain,
and exact meaning. Therefore, if * insanity" is to be
allowed as a defence to crime, that term must express a
clear idea, and that idea or conception can only be made
clear by defining the term which expresses it. Hence
the absolute necessity of a definition of insanity by the
law, if insanity is to be used as expressing a defence. It
is, therefore, necessary that the law either df^fine what
it understands as insanity which will excuse from the
consequences of the violation of an act forbidden by
law, or reject the term entirely, as having no legal
meaning. From what has gone before it will be clear

TO THE CHARGE OF CRIME. 399

that if insanity is to be allowed as a defence, it must be
on the ground that it relieves from responsibility to the
law, and what will relieve from such responsibility must
be determined by the law itself ; therefore, if this de-
fence be allowed, the law must determine what it under-
stands by that term. When we speak of insanity as
being a defence to crime, we do not mean that insanity,
as understood by our medical friends, is a good plea to a
criminal charge, but that there are certain mental states
of persons which the law recognizes as relieving from
responsibility, and which mental states are for conveni-
ence designated by the term insanity. *' Insanity'' thus
used is a legal term, having a technical meaning. Or to
use the words of a writer in high standing, —

" For jndicial purposes, insanity is merely a term to cover a certain
class of exceptions from the current presumption as to persons of a certain
age. who are, other circumstances being favorable, competent to foresee the
consequences of their acts. "

Insanity thus used as a legal term has a very differ-
ent meaning from that given to the word by the medi-
cal profession, and this should not be lost sight of.

I -call attention to these facts for the reason that in-
sanity has at times been defined by different Courts, and
that these definitions have been severely criticised, es-
pecially by medical experts, and I miglit add with Mr.
Bishop, probably because these medical critics failed to
a great extent to understand the judges whom they so
severely criticised.

It should always be remembered that when insanity is
spoken of in the law, it is not a disease which is meant,
but a certain mental condition recognized by law as re-
lieving from responsibility, — the character of the evi-
dence to be admitted in proof of which is also necessar-
ily determined by the law itself.

In order to comprehend what is meant when it is

•iOO INSANITY AS A DEFENCE

stated that insanity is a le<2jal defence to a charge of
crime, it will be necessary to examine briefly into what
constitutes crime, its defi:iition and essential elements,
and into what the law requires to render responsible,
and into what it admits as removing responsibility.
A crime has been defined as ; —

" An act committed or omitted in violation of a public law either forbid-
ding or commanding it'" 4 Blacks., Comm. 5.

It is an act of disobedience to a law, forbidden under
pain of punishment, the penalty being inflicted by the
law-making power specifically as punishment.

Every person committing an act forbidden by the
public law is prima facie guilty of crime, and in the ab-
sence of proof of facts which are sufficient in law to ex-
cuse the act — that is, such as destroy one or the other of
the elements comprehended in the legal conception of
crime — he is responsible. What these elements are, and
their philosophical basis, we shall now consider.

Human laws are enacted for the government and pro-
tection of moral beings; only moral beings are subject to
human laws, and they only are responsible for the in-
fraction of these laws. Eeason and freedom of will —
that is, the power to determine one's own actions — are, I
take it, the essentials to moral accountability. And
these two factors are necessary to accountability to the
law. While the same elements are the basis of both
moral and legal responsibility, the conceptions of these
two classes of responsibility are yet not the same, and
the cause of the difference is to be found in the different
presumptions which the law indulges on grounds of ex-
pedience or of necessity, which presumptions are in
many cases natural, being based on the result of experi-
ence and observation, and in the other cases necessary
to any administration of law.

TO THE CHARGE OF CHIME. 401

These elements of responsibility, as understood in the
law, have received technical legal names, and are, —

(a) Criminal intent, and (b) free will.

Let us now consider these elements of legal respr nsi-
bility, for whatever defence to a crime is permitted at
law must be allowed, because it destroys one or the
other or both of these elements. Insanity to be a de-
fence must, therefore, destroy either or both of these
elements, and we can now clearly see the distinction
between insanity as viewed by alienists and the legal
term "insanity." One may be unquestionably insane
in a medical point of view and still responsible to the
law, since neither of the legal elements of crime are de-
stroyed, and, therefore, not insane in the legal sense of
that term.

What now is the meaning of " ci'iminal intent ? "

It is absolutely necessary that we come to. a clear un-
derstanding as to the signification of this phrase, for in
the absence of criminal intent there can be no crime.

By a criminal intent I understand this: it is nothing
more than a consciousness on the part of the wrongdoer
that the act he is about to commit is forbidden by pub-
lic law.

We have said that inasmuch as huanaii laws are
enacted for the government of moral beings, responsibil-
ity to these laws is based upon the same notions as is
moral responsibility; also that the essentials to moral
respjnsibility are knowledge of the wrongful character
of the act in question and power to refrain from doing-
it. Criminal intent, then, is this element of knowledge
that the act was wrongful. It is this moral element
modified somewhat by necessary rules and presump-
tions of law. The basis of responsibility is the knowl-
edge that the act is wrong. Now, here appears a dis-

402 INSANITY AS A DEFENCE

tinction between law and morals. While there may be
some doubt as to whether an act is morally right or wrong,
since this is to be determined by each individual in ac-
cordance with the standard of right and wrong which he
has formed for himself, there can be no doubt as to what
is legally right and wrong since that is determined defi-
nitely by an authority acknowledged to have the power
to determhie it. Now, while in the absence of a positive
announcement as to the character of an act as right or
w^rong, one might excuse his commission of the act on
the ground that he did not know it was wrong; that, ac-
cording to his individual notions of right and wrong
(vvhich would be of moral right and wrong), the act was
right and proper, still, where the wrongful character of
the act is made known to him, he is not excused for do-
ing it, but is even morally responsible. Even in the case
where he thought that the act was not in itself wrong-
ful, still, where he knew that the proper authority had
decided or declared it to be such, he would be responsi-
ble. Now, when the law forbids an act, that act is ipso
facto a wrongful one, and whoever does it, knowing it
to be wrongful (declared so), is morally guilty. Here,
then, is the moral element in legal responsibility. This
consciousness that the act contemplated is forbidden by
the public law is, then, what is really meant by ' ' crim-
inal intent.'' But here appears a further distinction be-
tween the pure moral element of knowledge of the
wrongful character of the act, and the modification of
that element designated "criminal intent;" for, while to
moral responsibility pure and simple, actual knowledge
that the act is wrongful is necessary (actual conscious-
ness of the character of the act is necessary), yet, to
make out a criminal intent, actual knowledge that the
act is forbidden by law is not at all necessary, nor need

TO THE CHARGE OF CRIME. 403

it be shown. He is considered as being conscious that
the act is forbidden, and though, as a matter of fact, he
did not have this consciousness, he will not be permitted
to prove this fact. It is his duty to know what is al-
lowed and what is forbidden by law, and though there
are facts which in morals would excuse want of knowl-
edge as to character of an act, these will not be ac-
cepted in the law. Where one neglects a duty — as in
this case to inform himself as to what is wrong —he is
morally responsible. We thus see that the moral ele-
ment of responsibility is never lost sight of in holding
one responsible to the law, although this element is
brought within narrower bounds. And this leads us di-
rectly to a consideration of several presumptions of law,
the existence and necessity of which were adverted to
before.

And first the law presumes that every person within its
dominion knows the law — knoA'S what it commands and
forbids. It needs no argument to prove that this pre-
sumption is one which must be made. It is a conclu-
sive presumption of law, and no evidence should be
admitted to rebut it.

Another presumption indulged by the law, and which
is a natural presumption, is that every person knows
the nature and natural consequences of his acts. Now
this presumption may be rebutted, for to permit its
denial would not make the administration of law
utterly impossible, as would the admission of proof of
ignorance of the law.

When, then, it is shown that one has committed an act
forbidden by public law, that he knew it was thus for-
bidden— and the rule of the law will not permit him to
deny that he did — and that he knew the natural (not
legal) consequences of his act, criminal intent is shown,
' — the moral element is present.

404 INSANITY AS A DEFENCE

Fro:n this analysis of the notion of criminal intent it
will appear that legal responsibility attaches in many
cases where there is an entire absence of moral responsi-
bility. Thus, unless the person actually knew that the
act was forbidden he is not morally responsible ; but he
certainly is responsible to the law, even though he did
not actually know that he was doing what was forbid-
den, and therefore wrong. For it is his duty to know
what the law commands and forbids, and his failure to
inform himself on this point is of itself a wrong — a breach
of his duty as a citizen. The moral element in crime,
(this criminal intent) is entirely independent of all con-
sideration of the wrong-doer's notions of the character
of the act as gauged by his own standard of right and
wrong, — of actual knowledge that the wrong done was
a violation of the public law, — and of course independent
of ciuy considerations of his motive in doing the act.

Any defence to crime which is bared on the theory
that criminal intent is absent, must prove such facts as
the law considers sufficient to disprove, not the presump-
tion of knowledge of the law, for that is conclusive, but
the presumption that every person knows the natural
consequences of his acts. What proof will be sufficient
in character to rebut this presumption is determined by
the law.

Having now considered the element of criminal intent
rather fully, it remains to advert to the other element of
crime, the existence of a free will. This, like the ele-
ment of criminal intent, is based on sound notions of
moral guilt. For no one is morally responsible for an
act which he did not do of his own free will. Nor is
any one responsible to the law for an act he could not
help doing. But as in the case of criminal intent the
law presumes that every person knows the natural con-

TO THE CHARGE OF CRIME. 405

sequences of his act, and also determines what state of
facts, if proved, will destroy this presumption, so in the
case of free will, the law presumes that every person has
a free will, (the power to determine his own actions), and
also determines what state of facts, if shown to exist,
will be considered as rebutting this presumption.

If my views thus far expressed are assented to, and I
hope they will be by many, although I do not doubt
manv w 11 not share them, then the conckision must
follow, that any defence to crime, no matter what it be,
must be based on a denial of either the presumption that
the person committing the crime knew the natural con-
sequences of his act, or a denial of the presumption
that he was a free moral agent, in other woi'ds, that he
did the act of his own free will. A consideration of the
different defences allowed will, I think, show that they
are all ba^ed on a denial of one or the other of these
presumptions. And a consideration of these defences
will lead us direotly to the principal topic of this essay,
for, in my opinion, insanity, where it has been allowed,
was on the ground that it destroyed one or the other
of these presumptions, and where it has not been
allowed, it was refused because its character or degree
was not such as the law could allow as disproving
either of these presumptions.

Let us now briefly consider the various defences
allowed by law, where the commission of the act is
admitted, but its criminal character denied.

Ignorance or mistake of fact.. The law allows as a de-
fence to a charge of crime, proof that the act was done
under a mistake of fact, in all cases where the act would
not have been unlawful had the fact really existed as it
was suoposed to exist ; likewise where one does an act
in ignorance of a fact, where the criminal character of

4O0 INSANITY AS A DEFENCE

the act depends upon the existence of the fact which is
unknown — except in such cases in which the law spe-
cifically prescribes the knowledge of the fact as a duty.

Here there is no intent to do an act which is forbidden,
but an intent to do an act allowed by law. Here there
is no mor.il responsibility, because the act intended to be
done was not declared to be a crime. The person, on
account of his mistake or ignorance of some fact, could
not foresee the n itural consequences of his act. Such a
state of facts are allowed as destroying the presumption
that the actor could foresee the natural consequences of
the act done.

Infancy. Where it is shown that the act was com-
n itted by one under the age of seven years, the offender
is excused,- on the ground, it is said, that an infant
within that age is conclusively presumed to be incapable
of entertaining a criminal intent. It is sometimes stated
that this presumption is based upon the notion that one
of such tender years has not the capacity to know what
is forbidden and what not. I submit that it would be
much more logical and consistent with legal principles
to base this presumption on the ground that the infant
has not the capacity to know the natural consequences
of his acts. The important fact, of course, is, tliat the
law indulges this presumption of incapacity, and it
makes no great practical difference whether it is indulged
for one reason or the other. But if the presumption is
to be accounted for by one of the two reasons, the one
consistent with established principles, and the other
inconsistent therewith, it is better to adopt the former
reason. I submit that the presumption of law that all
persoQS know what is forbidden is a conclusive pre-
sumption, admiting of no exception, and irrebutable.
The presumption that every pei son knows the natural

TO THE CHARGE OF CRIME. 407

consequences of his acts, on the other hand, is a i)resump-
tion of fact whijh may be disproved. Now, in the law,
it is considered that proof that the offender is within
the age of seven years, is proof sufficient to show that
he did not have capacity to entertain a criminal intent.

Reason surely favors the view that this presumption
is based on the infant's incapacity to understand the
natural consequences of his act.

Intoxication is also allowed as a defence, if such a
degree of intoxication is shown as would deprive the
defendant of the power to know the natural consequences
of his act.

The defences thus far considered are allowed on the
ground that th3y destroy the element of criminal intent.
Before taking up the question of insanity as a defence,
it will be wall tu ouch upon the state of facts admitted
in law as destroying the other essential of crime, — the
existence of capacity in the accused to determine his
own acts.

Free Will. As we have seen, the law presumes that
all persons have the power to determine their own
actions, and that when one does an act he do s it freely.
As rebutting thi-3 presumption, the law allows proof
showing that the act was done under compulsion or
necessity ; but a mere subjective state of feeling, senti-
ment, passion, or the like, is not compulsion or necessity,
such as the law recognizes. To be adnjitted as a plea in
law the compulsion (also termed dures«i) must act on
the accused from without ; the act must not have been
determined by himself, but nuist have been the conse-
quence of some power or force without him, and over
which he had no control, which, in fact, caused the act,
his will having been overcome by it, and he acting as a
mere medium. In law, strong motives, the passions

4:08 INSANITY AS A DEFENCE

and desires are not considered as sufficient to destroy
volition, in truth these are the very things which the
law is to restrain. Nor is disease considered as sufficient
to destroy the will. To allow proof of disease as a de-
fence, on the ground that it destroys the control of the
will, would be extremely dangerous, and could only be
admitted if it were established that a certain disease, or
certain diseases were accompanied by a loss of control
over the will. Proof of these forms of disease would
then be admissible as defence.

We are now in a position to direct our attention to
the question of insanity regarded as a defence to a
charge of crime.

From what has preceded, we see that the defence of
in^ anity is to be allowed, not because the accused was
of unsound mind merely, but because there was such a
degree of insanity as to disprove the existence of one or
the other or both the elements of crime. In the words of
B iron Alderson : '^It is not because a man is insane
that he is u .punishable ; " '^ and," he proceeds, ^^ I must
say that upon this point there exists a very grievous
delusion in the minds of the medical men. The only in-
sanity which excuses a man for his acts, is that species
of delusion which conduced to and drove him to the act
alleged against him." To be more explicit, the insanity
must be of such a character, or degree, as will negative
the presumption that the wrongdoer knew the natural
consequences of his act, or the other presumption,
namely, that the wrongful act was the result of his own
free will. If the insanity was of such a degree it is in-
sanity in the law, and as such is a defence to crime , but
if it be not of a degree which is deemed sufficient to
negative on 3 or the other of these presumptions, it is
not insanity in the law, and the fact that the mind of

TO THE CHARC;1E OF CRIME. 409

the criminal was weak or unsound is no defence. What
conditions of mind, or what degrees of insanity are
allowed as destroying either of these presumptions, or
in other words, are allowed as defences to the charge of
crime, we shall now proceed to consider.

At the very threshold of this discussion I wish particu-
larly to call attention to two facts, which must not be
lost sight of. And first, that it is the exietence in the
accused of a certain mental state that excuses from
crime, and — second, that the law determines what ulti-
mate facts shall be allowed to be proved as showing
such mental condition, as well as the competency and
relevancy of thi evidence adduced in proof thereof,
although the existence or non-existence of these facts is
to be decided by the jury in each case.

This necessary mental condition is such a mental state
as negatives the existence of a " criminal intent," (the
meaning of which term has already been explained), or
of free will, the nature of which also has been ad-
verted to.

Among the various facts admitted as proof of such a
mental state as shows absence of criminal intent are
certain forms and degrees of insanity. Let us now in-
quire into what these forms and degrees of insanity are.

(1) Total Insanity. This term is intended to include
all cases where the intellectual faculties are entirely de-
ranged. There are several forms of this degree recog-
nized in the medical profession, but for our purpose the
classifications of this disease by the doctors are of little
assistance. What is meant by total insanity is merely
such a degree of mental derangement or mental weak-
ness as prevents the sufferer from comprehending his
relation to other beings or things. The term is used
in contradistinction to the term ''partial insanity"

410 INSANITY AS A DEFENCE

which is intended to cover cases in which the person is
apparently insane only as to one or more subjects, and
seems to be otherwise sane.

Now, where this total insanity is of such a degree as
to show that the person had not the power to know the
natural consequences of his acts, he is not responsible iji
the law. Some forms of total insanity so clearly inca-
pacitate the sufferer from knowing the consequences of
his acts, as for instance, mania, that the proof of his
being afflicted with th^s form of insanity is sufficient to
excuse him, but it is to be remembered that he is excused
not because he is afflicted with this or that particular
form of insanity, but because the fact that he is so
afflicted, proves that he had not the capacity to know
the consequ nces of his act.

The rule, then, is, that where one suffered under such a
form or degree of insanity as prevented him from know-
ing the natural consequences of his act he is undoubtedly
irresponsible.

This rule has been differently expressed, thus:

" To establish a defence oa the ground of insanity, it must be clearly
proved that at the lime of committing the act the party accused was la-
boring under such a defect of reason, from disease of the mind, as not to
know the nature and quality of the act he was doing, or if he did know
it, that he did not know (hat he was do'ng what was wrong."

This quotation is taken from the answers of fifteen
judges, in 181:3, in response to the interrogatories pro-
pounded by the House of Lords, of England, relating to
the defence of insanity .

The language o this rule is not clear, and has been
subject to considerable, and, I think, just criticism. The
expression " nature and qu ility of the act '' here used is
somewhat vague. I should say it meant no more than
that the accused did not know the natural consequences
of the act in question. The concluding part of the

TO THK CFIAKGK OF CltlME. 411

answer, that is, " or if he did know it, that he did not
know that he was doing wrong," is not, with all respect
to the learned judges, sound law. I submit that the
mere Uck of knowledge of the wrongful character of the
act, whether we take it to mean wrongful as against
morals or as against law, is not in itself an excuse for
Clime. In the first place if by wrong is understood
moral wrong, the objection is that the law does not
concern itself with moral wrongs ; that it could not if it
would, since there are as many standards of moral wrong
as there are persons, and that what to the majority of
people would be a most immoral act, might be per-
fectly proper according to the peculiar standard of the
accused. An act which in itself may be perfectly harm-
less, in fact, praiseworthy, if forbidden by law, is never-
theless a crime, and the person committing it could not
excuse himself on the ground that it was not morally
wrong, even though everybody should agree with him
that it was not. On the other hand, no matter how
much an act shocked our consciences, to commit it would
not be a crirne unless the law forbade it. If, on the
other hand, " wrong" as used in the answer means
legal wrong, the objection is that no one is permitted
to say tiiat he did nob know an act was forbidden by
law, — he must know it ; that is his duty.

If we are to construe this answer so as to reconcile
it to legal principles, we must construe this latter por-
tion as meaning nothing more than that the accused
did not know the natural consequences of his act. If
he did know these, naither the fact that the act
was not wrongful morally, nor the fact that he did
not know it was forbidden by law, will avail as a
defence.

We have been speaking of total insanity, that is

412 INSANITY AS A DEFENCE

to say with reference to total insanity especially, but
even what is known as partial insanity will be suffi-
cient, if as a result of the piirtial insanity the accused did
not know the natural consequences of the act in ques-
tion. Th3 rule of the English judges, from which I
have quoted, seems to have in view cases of total insanity,
and apparently intends merely to state the degree of such
insanity which in law will acquit. In other words, it
merely goes so far as to state that insanity of the char-
acter and degree there set out, that is of such degree
as shows the accused to have been incapable of know-
ing the natural consequences of the act in question, is
sufficient evidence of incapacity to entertain a criminal
int jut. This rule does not attempt to define insanity,
but does in fact point out an element of legal responsi-
bility (though not accurately) and states that such degree
of insanity as will destroy this element (knowledge of
the natural consequences of the act done) is a defence.

1 have already stated that partial insanity may be a
defence, and this brings us to the subject of delusions.

Delusions. — Partial insanity is usually treated of sepa-
rately in the books, and is frequently spoken of as
monomania. Just why — in law books at least — ''par-
tial insanity " should form a distinct title is not very
clear. In fact, it is not clear why any classification of
mental affections should be adopted or recognized in the
law. I take it that the rule of responsibility is not dif-
ferent whether the accused be totally insane or merely
laboring under a delusion. In either case, if the disease
prevented him from knowing what would be the natural
consequence of his act, he is not responsible ; as to
whether he would in either case be responsible if he did
know what the consequence would be, we shall con-
sider further on. If this element of criminal intent

TO THE CHARGE OF CRIME. -1^13

were the only element to a crime, he certainly would be
responsible under this latter supposition.

The English judges laid down a separate rule as to
cases of delusion. Here is their answer on that topic:

" Tlie answer must, of course, depend on the nature of the delusion,
but, makirii^ the same assumption as we did before, namely, that he labors
und'M- such partial delusion only, and is not otherwise insane, we think
must be considered in thm same situation as to responsibility as if the facts
wiih respect to which the delusion exists were real."

Which rule was somewhat differently stated by Chief
Justice Shaw:

" Monomania mav operate as an excuse for a criminal act when the de-
lusion is such that the person und^r its influence has a real and firm belief
of some fact not true in itself, but which, if true, w^ould excuse his act."

The sense of these passages seems to be that if tho ac.
cused insanely believes in the existence of some fact
which does not really exist, he is to be treated as though
the facts as he supposed them really existed, and if their
real existence would have justified or excused his act,
he is to be acquitted; but if, on the contrary, his act
would not be justifiable or excusable even though the
facts were as they appeared to him, then he must be
convicted. This is clearly treating an insane delusion
as a mere mistake or as ignorance of fact, which we
saw excuse the act, on the ground that the act intended
was lawful. In these cases of delusion, where the ac-
cused would, under these rules, be acquitted, is it not a
fact that he does not know the natural consequence^
of the act he is about to do ? The natural consequences
of his act are not foreseen, because of a mistake or ig-
norance of a material fact, under which mistake or
ignorance the consequences of the act woukl appear
to him entirely different from what they will actually
be. This rule as to jielusions is, then, in reality, noth-
ing more than a statement of the principle of law, that

414 INSANITY AS A DEFENCE

in the absence of a ^' criminal intent, " as above defined,
there can be no crime.

In all the cases of insanity which we have thus far
examhied, we have found that the defence has been
allowed, not because the accused was insane in the
sense of that term as used by alienists, but because the
mental condition of the accused at the time he com-
mitted the act was shown to be such that he did not
know the natural consequences ot his act. Not only is
that the case in respect of the defences of insanity wliich
we have considered thus far, but it is, in fact, the case
with respect to every other defence thus far specifically
"considered.

If we were now to formulate a rule as to insanity
based upon the above considerations, it would read about
thus: —

Where it is shown that the accused was laboring
under such a defect or derangement of mind as not to
know what would be the natural consequences of the act
he then did, he is not responsible. This proposition is
stated with reference to insanit}^ It might be stated
more broadly and generally so as to include any case
in which the accused did not know the natural conse-
quences of his act, no matter what the cause of this
disability, whether ignorance, or mistake of fact, or
mental disease ; but as we are especially concerned with
the plea of insanity, the proposition is stated with refer-
ence to that disease.

We have thus far spoken of forms, or rather degrees
of insanity, the existence of which, when proven, is
undoubtedly a good defence. Let us now consider
whether there are any other cases or degrees of mental
defect or derangement which confer irresponsibility.

It has been frequently urged that the rule of knowl-

TO THE CHARGE OP CRIME. 415

edge of the character of the act clone or that it was
wrong (or, as it should be stated, of the natural conse.
quences of the act in question), is too narrow, and that
there are many cases in which the accused, although he
had the mental capacity contemplated in this rule, should
still be held irresponsible, for the reason that he was
laboring under disease affecting his mind to such a de-
gree^ and in such a manner, that although he could dis.
criminate as to Ins acts and comprehend his relations to
other persons and things — i. e., know what would be the
natural consequence o" the act, —he yet was unable, on
account of this mental defect, to refrain from doing the
wrongful act ; — that it was done nnder duress of the men-
tal disease, and that, consequently, he should not be
held responsible. Many medical experts have a peculiar
way of pronouncing such a person irresponsible upon
the supposition, I suppose, that responsibility and irre.
sponsibility are medical questions. Now, a medical ex-
pert has no right to tell a jury that the accused is irre-
sponsible, or, on the other hand, to tell them that he is
responsible. A person is responsible or not according as
the law holds him liable or excuses him, and if the law
should be that all insane persons committing acts for-
bidden by law should be punished just as are sane of.
fenders, the insane w^ould be responsible. The question
involved is legal responsibility, and this depends on the
law itself.

Since the issue involved in the criticism of the test of
responsibility which we considered is a legal question,
let us inquire whether or not according to law as it now
is in force a person who does an act under duress of a
disease affecting his mind is excused even though he
possess the mental capacity which would hold him lia-
ble under the rule as to intellectual capacity heretofore

416 INSANITY AS A DEFENCE

considered. When we have determined what the law
in any locahty is on this point, we know whether or not
the person in the condition here described is responsible
or not. Whether the law is wrong or not, or should he
modified, is another question, which we shall also con-
sider. And first, what is the law ?

By the law of England, a person, although insane, is
responsible if he knew "the nature and quality of his
act " or "that it was wrong," irrespective of what effect
his insanity might have on his power of self-control.
In other words, if one knows an act to be wrong, he
must refrain from doing it, and he is not allowed to
show that the insanity deprived him of his freedom of
will.

This is also the law in many — I might say the major-
ity— of the American States.

Quite a number of the American States, however, al-
low the defence here urged, and admit evidence going to
prove that, although the accused had the capacity to
know the natural consequences of his act, he yet was
unable, by reason of diseise affecting his mind to desist
from doing the act which was forbidden by law. Since
the courts governed by the common law are thus divided
on this question, it will be proper to inquire into the
reason of this c inflict of opinion, and to select that doc-
trine which seems most consistent with settled legal
principles and best calculated to carry out the objects of
the law.

In considering the question whether one who can show
that he was by mental disease deprived of his power of
self-control, although his intellectual faculties were not
so impaired as to excuse him on that ground alone,
should be held responsible or not, it will be well to recall
the elements of legal responsibility. We have seen that

TO THE CHARGE OF CRIME. 417

a " criminal intent " and "free will" are essential to
responsibility, and that if either of these elements are
wanting there is no crime. In the question now before
lis, the first element of responsibility (criminal intent) is
present. The problem, then, to be solved is simply this :
Is it a defence to a criminal charge to show simply that
the ac used was laboring under insanity of such a char-
acter or degree as shows that he could not refrain from
doing the act in question ?

The legal principle that where an act is done involun-
tarily,— where it is not the free act of the accused — he is
not responsible for it, is clear. And this principle is, I
take it, admitted by all the courts whether they allow
the defence now under discussion or not. The real ques-
tion which Jies at the bottom of this troublesome prob-
lem is : "What evidence is competent to show an ab-
sence of free will ?" and it is upon this rock that the
courts have split.

Those courts which refuse to admit evidence that
mental disease destroyed the power of self-control irre-
spective of its effect on the intellect, exclude this evi-
dence upon one or other of two theories, or perhaps
both.

They proceed on the theory that where one is able to
know the natural consequences of his acts, evidence of
insanity does not even tend to prove a want of freedom
of will ; or upon the theory that though it could be pos-
itively shown that insanity did destroy the will while it
left the intellectual capacity necessary to responsibility,
such fact would constitute no defence whatever.

The former theory is based upon a metaphysical no-
tion as to the nature of free will ; that the freedom of
the will is limit< :d only by its intelligence. The latter
pos'tion is taken on grounds of policy.

418 INSANITY AS A DEFENCE

In regard to the theory that the will is always free to
act whenever the mind can foresee the natural conse-
quences of an act, even though the mind be diseased,
that theory is all but completely overthrown by the
more recent investigations of medical science. It would
not be very extravagant to say that the medical writers
of this day are unanimous iu denying this th ory. And
if this were the only ground of excluding evidence of
this character of insanity, I must say there would be lit-
tle trouble in solving tne problem before us.

But the most serious objections to admitting evidence
of the kind of insanity now in [uestion, arise from con-
siderations of public policy. The doctrine that this de-
gree of insanity is a defence is extremely dangerous, and
I presume the denial of this defence has been greatly
due to the danger attending its admission. We all know
that when every other plea fails, insanity is adopted;
that many have been acquitted under this plea who*'
fully merited the direst ])unishment. Then it must be
remembered that science can not point out to us spe-
cific classes of mental disease and say: " Where one of
these classes of insanity is found, the patient has no self-
control." Et tells us rather that each case depends on its
own circumstances; that each case must be examined by
itself and leter mined for itself. Now, when this defence
is allowed very great latitude is given the jury, and the
safety of society is put into their hands, — and the hands
of the medical experts who may be called to the trial.
This seems to be the reasoning where this defence is
denied. And it can not be gainsaid that it would have
great weight with the judges — those call'^d to adminis-
ter the laws; to protect society; those to whom society
looks for protection, and holds responsible if they are
remiss in that holy duty.

TO THE CHARGE OF CRIME. 419

Another objection to admitting proof of mental dis-
ease as destroying the element of fre'^ will is the fact
that in all cases where a defence has been allowed on the
theory that the act was not the result of the offender's
free will, that free will was overcome by some power
outside of the accused and over which he had no control.
Physical disease was never allowed as affecting the free-
dom of will — nor could it properly — and hence it was
only natural to exclude proof of mental disease offered
for the same purpose.

These seem to be the principal reasons which are to
be urged against permitting the defence under discus-
sion, and unless they can be answered, or stronger rea-
sons given why this defence should be admitted, it ought
not to be allowed.

Let us now consider these objections.

To the first obj^^ction that the freedom of the will is
o:ily limited by the intelligence of the individual, and
that disease of such a degree as leaves his intellect suffi-
ciently strong to ente.tain a criminal intent, can not
destroy the power of choosing between doing and re-
fraining from any act, the answer is simply that science
has satisfactorily shown tha as a matter of fact disease
can thus affect the mind and wi 1.

Now a^e the objections based upon public policy unan-
swerable? While it is true that the plea of insanity is
frequently improperly resorted to, and that guilty men
occasionally escape, we can not lay much stress on that,
for we are all willing and proud to admit that our crim-
inal law proceeds upon the principle that it were better
that ten guilty should escape than that one innocent
should suffer. Moreover, ihe danger to society is not
so very great, for madnien are not now, after their ac-
quittal from a criminal charge, turned loose upon the
community, but confined to asylums for treatment.

420 INSANITY AS A DEEENCE

The point which is sometimes made, that to allow the
jury to determine hi each individual case whether as a
matter of fact there existed disease in the accused af-
fectifig the mind to such an extent as to have deprived
him of the power to refrain from doing the act, would
be to permit them to determine what is legal responsi-
bility, can not be admitted, for if the judge instructs
them that if the defendant was suffering under a disease
of mind which was of such a degree or character as to
have deprived him of the power to refrain from doing
the act, this instruction defines responsibility and the
jury merely decide a question of fact, which it is their
province to decide. Besides, the court determines what
facts may be proved as showing the existence of such
disease, and will rule out as incompetent any improper
evidence. Moreover, it is a fact that where the defence
is made on the other theory under which insanity ex-
cuses, the jury and experts have exactly the same
latitude allowed them as they would have here. They
are to determine whether the defendant "knew the na-
ture and quality of his act" or '^knew that it was
wrong.'' Each individual case is determined according
to its own circumstances under this rule, as it would be
ill the other, and the jury might with the same propriety
be said to determine what constitutes responsibility,
when acting under this rule as when acting under the
one proposed. The fact is that the jury do not deter-
mine what the law is when instructed under this rule,
nor would they if instructed upon the theory as to the
loss of self-control. In each case the law would deter-
mine exactly what is essential to responsibility, what
facts are admissible to disprove either of these elements
and the jury would find the existence or non-oxistence
of these facts.

TO THE CHARGE OF CRIME. 421

The other objection to allowing this defence, drawn
from analogy, requires no answer. It merely amounts
to this: "We have not allowed proof of mere phys-
ical disease as competent to disprove free will ; there-
fore we will also disallow proof of mental disease al-
though the mental disease be of such a character as is
acknowledged will disprove the existence of a free will."

We have now answered all the objections to allowing
proof of mental disease of such a character as will show
to the jury that the defendant could not help doing the
act.

Since, then, there is no valid reason for disallowing this
defence, it should be admitted since it so clearly de-
stroys one of the essential elements of crime.

From what has preceded we have seen that as to in-
sanity all that the courts have done has been to instruct
the juries that to constitute a crime the accused must
have had a criminal intent as above defined, and that if
his mind was so affected by disease as to make it impos-
sible for him to have had this criminal intent, he must
be acquitted. They have not attempted to define insan-
ity as a disease. They have merely told the jury what
one essential element of crime is, and if they (the jury)
should find that that element was absent, that they must
acquit. Now, there is another element just as essential
to crime, which is free will, and how can courts refuse
to instruct juries that if there is an absence of this free
will there can be no crime ? Insanity was allow^ed to be
proved as showing this incapacitv^ to have a criminal in-
tent because science showed that insanity did in some of
its phases and degrees have this effect. The same science
has now shown that insanity sometimes has the effect of
depriving the sufferer of his power of self-control ; why
then should they, or how can courts refuse to allow evi-

422 INSANITY' AS A DEFENCE

dence tending to show that insanity in the case in ques-
tion did have the effect of compelhng the defendant to
do the act in question, though he knew it to be forbid-
den, or had capacity to know it was forbidden ?

In many cases of so-called partial insanity, whei"e the
accused was laboring under delusion, he has been ac-
quitted, even though he must have known the results of
his act, or " that it was wrong,'' and the acquittal held
proper. In these cases the prisoner was undoubtedly
properly acquitted, but not because he did not know the
natural consequences of his act, but because from duress
of his disease he was unable to refrain from doing the
act. The juries in these cases acquitted under the so-
called ''right and wrong" test, the test heretofore con
sidered. In the celebrated case of Hadfield, in which
Lord Erskine made his famous argument, the defendant
unquestionably knew tliat the act he was about to com-
mit was a crime — that was his very reason for doing it
— still he was acquitted, and all agree that he should
have been acquitted. Why, in fact, was he acquitted ?
Was it not because the insane delusion so affected his
mind as to make it impossible for him not to do it ?

That free will is an essential element of crime, and
that it should be left to the jury to determine whether
or not the accu:ed suffered under such a degree of insan-
ity as destroyed his free will, was recognized by Chief
Justice Shaw in the case of Commonwealth vs. Rogers,
7 Mete. 500, he said:

''If then it is proved, to the satisfaction of the jury,
that the mind of the accused was in a diseased and un-
sound state, the question will be, whether the disease ex-
isted to so high a degree, that for the time being it over-
whelmed the reason, conscience, and judgment, and
whether the prisoner, in committing the homicide, acted

TO THE CHAKGE OF CHIME. 42^*

from an irresistible and uncontrollable impulse ; if so
then the act was not the act of a voluntary agent, but the
involuntary act of the body, without the concurrence of a
mind directing it.^^

That a person should be acquitted where he acts from
an uncontrollable impu]se resultmgfrom mental disease,
ought, in my humble opinion, to be the law. On strict
legal principles this defence must, I think, be allowed.
That this principle has been acted on uuconsciously in
many cases where those laboring under a delusion, but
otherwise apparently sane, were acquitted, is my firm
belief.

It might be said that under this principle many labor-
ing under delusion might be acquitted who under the
English rule as to delusion would be clearly responsible.
This is very true, and this is exactly what should recom-
mend its recognition, for many who are under the Eng-
lish rule held responsible, should be excused, and only
these would be embraced in the principle which we con-
tend should be adopted. It is just wide enough to in-
clude those cases which the other rule improperly ex-
cludes, and also covers those cases which the other rule
properly includes. The delusion rule treats one laboring
under a delusion, (and the existence of which is always
considered as a certain proof of insanity), as though the
delusion were a mere mistake of fact and the deluded
creature perfectly sane. It assumes that *' a man having-
an insane delusion has the power to think and act in re-
gard to it reasonably; that he is, in fact, bound to be-
reasonable in his unreason, sane in his insanity."

In trying to bring cases within this delusion rule, cases
in which the accused was so much under the duress of
his mental affliction as to be unable to resist the act, de-
lusions of the most remarkable character, and which as

424 INSANITY AS A DEFENCE

pure mistakes of fact would never have been considered
as sufficient to excuse or justify the act, have been con-
sidered sufficient to warrant an acquittal. In fact, the
delusion rule is a mistake, and has been the source of
many mistakes and absurdities in its application.

From the somewhat extended view of the question I
have taken it will appear, in my opinion, that the law
governing the defence of insanity, should be as follows :

(1.) Where it is shown that the accused at the time of
committing the offence was laboring under a disease
affecting the mind to such a degree that he was not able
to foresee the natural consequences of the act in ques-
tion, he is not responsible for doing that act.

(2) Where the defendant is laboring under disease
affecting his mind, which is of such a character or de-
gree as to make it impossible for him not to do the act,
he is not responsible even though he had sufficient rea-
son to foresee the natural consequences of that act.

What ii evidence of insanity must be determined by
the court at the trial, but the jury determine whether it
is of such a character or degree as contemplated by these
two rules.

In conclusion i might add that the second rule and
about which there is so much dispute, meets the full ap-
proval of that distinguished authority on criminal law,
Justice Stephen, although it is not the rale which he ap-
proves so much as it is the principle underlying it, and
which, of course, is the important point. Lord Chief
Justice Cockburn also contends for the extension of the
old right and wrong te t, so as to include those cases
which would fall within our second rule. The American
writers of authoricy on this subject also favor this view.

Moreover, the criminal code of Germany contains the
following:

TO THE CHARGP: OF CKIMK. 42r>

" There is no criminal act when the actor at the time
of the offence is in a state of unconsciousness, or morbid
disturbance of the mind, through which the free deter-
mination of his (vill is excluded.'*^

This provision is a concise enunciation of the law on
this subject, and the views expressed in the pages of this
essay are, I think, in full harmony with it.

To oae further point I must call attention before clos-
ing, and that is this. While tli 3 jury decide whetner
the degree or character of insanity contemplated by the
two rules above deduced exists in the accused, it must
be remembered that what ^ hey determine is the dtgree
of insanity under which tlie accused is suffering. The
court does still, and must determine what is to be admit-
ted as evidence of the existence of insanity. In other
words the courts determine the competency of evidence,
while the jury determines its weight. In determining
what is competent evidence to prove insanity, the courts
must have a clear conception of what insanity is. As
showing its existence the courts admit proof of abnor-
mal or deranged action of the iniellect ; but an affection
of the mind (by which is meant the intellect, — the per-
ceptive and reasoning faculties) must be shown. While
the mind is shown to be unaffected there can be no evi-
dence admitted to show want of free will. Insanity,
then, so far as the law is concerned, is a disease mani-
fested by abnormal action of the intellect, as disiin-
guished from the feelings or emotions. Wh^ni the intel-
lect of the accused is thus shown to be affected, when
insanity in this sense is shown, it then remains for the
jury to determine whether or not as a result of the exist-
ence of this insanity the accused had the capacity to
know the natural consequences of his act, or if he did
know the consequences of the act, whether he was yet

426 INSANITY AS A DEFENCE

powerless, as a result of this insanity, to refrain from
doing it.

Whether Courts should receive other proof of insaji-
ity than such as shows intellectual derangement is a
question which can barely be touched upon in this place.
Tha'^ the great majority of our Courts hold only such
facts competent to prove the existence of insanity as do
show such abnormal action of the intellectual faculties
is certain. Now, should other evidence than such as
shows an affected intellect be admitted as competent to
prove in anity in law ? In other words, should the legal
definition of insanity be made more extensive ?

The answer to this question depends on several con-
siderations. First, has it been satisfactorily shown that
disease may affect the emotions or will without having
any apparent effect on the intellect ? Second, if it can,
is it possible for Courts to recognize this kind of insan-
ity without greatly endangering the security of society ?

As to the first question, while there does seem to be
some doubt as to it entertained by many of the medical
profession, still, I think the weight of authority, even of
that profession, denies the possibility of msanity of the
emotions or will co-existing with intellectual sanity.
Psychology certainly repudiates such notions; even the
psychology of the materialists holds that the different
faculties of feeling, knowing and willing are so closely
connected that the powers of the one cannot seriously be
impaired without affecting the others. In fact, it is
hard to understand how the will or emotions can thus be
affected, unless as a result of abnormal action of the in-
t9lle3fc. E'Tiotions and volition both are dependent upon
reason, and where the sensations, perceptions and reason
are not affected, it is hard to conceive of the feelings or
w^U baing tlirown out of balance. On the other hand,

TO thp: charge of crime. 427

where it is shown that the intellect is affected, whether
it be by the influence of insane delusion or otherwise,
it is quit'3 likely that such defect would result in an im-
paired will, or in disturbed emotions which in turn would
impair the will. For when the intellect is shown to be
affected, we have a case in which it may be shown that
on account of false perceptions or false logical processes
and conclusions, the accused was in such a state of mind
as to have considered the wrongful act either one not
forbidden by law, or one which he must do, and the im-
pulse to do which, resulting from his diseased condition,
he is unable to resist. But this irresistible impulse is a
result of a diseased intellect, and one acting under it
would be excused under the second rule which we have
adduced.

Inductive scienje has not as yet siiown that perverted
emotions and impaired will can co-exist with mental
(intellectual) sanity, and deductive science utterly denies
it. Hence, of course, the law cannot allow as a defence
proof of the existence of a certain condition, the possi-
bility of the existence of which character of co::dition is
denied by the great w^eight of authority.

But even if this first question were answered differ-
ently, even supposing that advancing science could
show that this state of the emotions and will might co-
exist with mental sanity, it is questionable whether the
law could allow proof of this state or coiidition as prov-
ing insanity, and submit to the jury whether its degree
was such as would require an acquittal under the rules
above stated.

Such ''insanity" could hardly, if at all, be distin-
guished from downright depravity, since its existence is
shown by conduct, and such defence, if admitted, would
necessarily result in the acquittal of many of those

4r'2S INSANITY AS A DEFENCE

against whom society must be protected, — of wicked
criminals. It must be remembered that the principal
object of law is the pi'otection of society, and if, in the
administration of the law, an innocent person may oc-
casionally suffer, it is his misfortune. While the ad-
ministration of the law is in human hands there must
be error; exact justice cannot be received from human
hands. Courts of Justice must be guided by practical
rules, — rules which can be used to advantage in ])ro-
tecting society at large. As was said by Mr. Justice
Curtis :

" The law is not a medic il cr metaphysical science. Its search is after
those practical rules which may be administered without inhumanit3^ for
the security of civil society, by protecting it from crime."

It is better that some few should suffer unjustly than
that, by too lax rules, the security of society should be
endangered.

The law has, I think, drawn the line just where it
should; to go further w^ould be extremely dangerous.

If want of free will could be shown as above, in the
absence of intellectual derangement, the next step would
be to admit proof that no person has the power to de-
termine his own acts. This would bring up the ques-
tion Avhether punishment was justifiable at all, — a ques-
tion which cannot now be c msidered, for I fear I have
already exceeded tho proper bounds of an essay. There
are some who hold that there are no criminals in the
world, and that a";l offences committed are due to im-
peifect physical constitution of the offenders, who
should, therefore, be treated for disease instead of be-
ing punished. If, in conformity to the theory of these
visionaries, the protection of the law were removed, I
feel certain they themselves would be among the first

TO iIIE CHARGE OF CRIME.

429

to complain and clamor for a restoi'ation of criminal
laws.
And now to conclude. Although we may be painfully

conscious that the law is not perfect, and especially the
law relative to insanity, we may gather some satisfac-
tion in the reflection that the law is a growth, and by a
process of evolution will gradually grow more and more
perfect, and in the course of which evolution the ques-
tions which we have been considering will, together
with many other difficult questions, be correctly deter-
mined.

ARGUMENT FOR COMMUTATION OF SEN
TFNCE.—CASE OF PEOPLE vs. SARAH

J. WHFTELING.

By Dr. At.ick Brnnett,
Supe inteiidenl State Hospital for the lu^ane, Norristown, Pa.

To the Hoiiirable the Board of Pardons, for the Com-
moniuealth of Pemisylvania.

Gextlemkx : T have ex imiiied Sarah J. Whitehng in
Moyamensing Prison on five different occasions, both
before her trial and since she has been under sentence of
death. T have obtained the history of her Hfe from her-
self and from others, and have made myself familiar
with the conditions attending the series of dreadful
crimes of which she stands convicted.

Based upon a study of the facts so obtained, my opin-
ion, as an expert in mental diseases, unquahfied by any
shadow of doubt, is that Sarah J. Whiteling was ment-
ally irresponsible when she committed the crimes for
which she is now under sentence of death.

Believing this, I hold it a duty, which I have no right
to evade, to lay this opinion before your Honorable
Board and to ask your consideration, somewhat in de-
tail, for the facts upon which that opinion is based :

First — Sarah J. Whiteling has a mind of low grade ;
notably so. This has been conceded by all (within my
knowledge) who have seen her. Her mental gr»sp is
weak. Neither before her trial nor since her conviction
and sentence has she shown any satisfactory compre-
hension of the awful nature of her crimes and their con-
sequence to herself. This low grade of intellect is not

ARGUMENT FOK COMMUTATION OF SENTENCE. 431

necessarily, in itself, a coaditiou of irresponsibility, l)ut
waak, unstable and yielding to the slightest influences,
it is such a mind that is easily unbalanced when exciting
causes are present.

Second^la the conditions of Sarah J. Whiteling's life
at the time I find causes sufficient to produce the tem-
porary insanity which I believe existed when she com-
mitted her first, second and third unnatural crimes.

Here I must ask permission to introduce to your Board
considerations purely medical, believing it necessary to
a proper study of this case.

The nervous system of every woman is marked by
fluctuations and critical periods too little understood,
which cannot safely be ignored. It is right for me— a
woman — to say to this Board what but a woman can
know, that under the happiest conditions in a typically
healthy woman the physiological crisis which recurs
once in four weeks during the child-bearing period is one
which stirs her nervous system to its profoundest depths.
Well it is for her if self-control and mental equipoise
have been her habit, and if no extraordinary strain be
forced upon her at this time. But with the woman of
weak brain it is not always well. She is too often the
hapless victim of whatever adverse influence assails her
at this time, and our hospitals for the insane show num-
berless cases in which the maniacal, outbursts occur only
at the menstrual period.

It needs no demonstration that grave consequences
are liable to follow any interference with a function
whose normal physiological performance is attended
with serious nervous disturbances ; and here again our
hospitals bear their testimony in the numbers of cases of
insanity which are produced by some interference with
this " habit of nature."

432 AllGUMENT FOR COMMUTATION OF SENTENCE.

Ill the case of Sarah Jane WhiteUng, the normal oc-
currence of the menstrual periods had always been pre-
ceded by dizziness and a fullness of the blood vessels of
the head, and for the past year these have been inter-
rupted, whether bv the early approach of what is com-
monly referred to as the "change of life," or by the local
diseases which now exist, is not important. It is of the
first importance to know" that her menstrual period oc-
curred naturally in February, 1883, that it failed to ap-
pear in March, that it failed again in April and again in
May. (It has since occurred twice, in June or July, and
in December.)

We have only to consider the external conditions of
her life at this time when she should have been mo-t
carefully guarded, to see that a combination of circum-
stances most favorable to the production of insanity ex-
isted. We have a woman of naturally weak brain which
has been subject to periodical congestions at the men-
strual periods in whom the function abruptly ceases and
the brain congestion thereby fails of its usual relief.
She is further dragged down by internal diseases (falhng
of the womb with internal inflammatory changes) and
at the same time is subjected to an extraordinary men-
tal and physical strain, living in extreme poverty, hav-
ing nursed her husband through a protracted sickness,
both night and day, and having no help in caring for
her household, and in providing for the wants of her two
little children.

Here, I repeat, are all the conditions necessary to the
production of insanity, conditions which have been seen
to produ.:e insanity over and over again.

It is plain to me from the evidence and from her own
story that she was in an unnatural mental condition
over a period of three months or more, and that periodi-

ARGUMENT FOR COMMU lATION OF SENTENCE.

433

cally with the effort of nature to re-estabh'sh the inter-
rupted function her mind was unbalanced to a degree
which rendered her incapable of judging betweeu right
and wrong and of properly controlling her own actions.

The dates of her sov^eral crimes have a significance of
very great importance here :

John Whiteling was buried March 2d ; Bertha White-
ling was buried April 26th ; Willie Whiteling was buried
May 28th. (From notes of the undertaker's evidence.)

A strikingly similar case was that of Annie Gaskin,
who murdered her infant by cutting its throat in Decem-
ber, 1887. She was tried in Philadelphia, acquitted on
the ground of insanity at the time of commission of the
act, and was committed to the Hospital at Norristown,
where I had her under observation for more than a year.
Annie Gaskin was also of low mental grade, although
she had always been able to work for her living, had
married and cared for her own household. She also had
baen subject to pain in the head and dizziness at her
menstrual periods, and it was at such a time when under
great grief and anxiety following the death of her hus-
band, with extreme poverty confronting herself and liitle
children, that she took the life of one of them with no
apparant realization of the act at the time. There was
no evidence at the trial that she had ever been thought
wrong in her mind previous to this act, but no one could
be with Annie Gaskin without feeling the assurance
that she was inc xpable in her right mind of doing harm
to any creature. She was discharged after a year's con-
finement and given into the charge of her friends.

The case of Caroline Metzgar in November, 1882, was
one that excited popular execration at the time. A Ger-
man girl, eighteen years of age, of apparently sound
mind and body, she arose in the night and made a

434 ARGUMENT FOR COMMUTATION OF SENTENCE.

sarage attack with the hacchet upon an infant and its
mother, her mistress, who had shown her exceptional
kindness. Neither of her victiais died, but the act was
homicidal in intent, if not in fact, and may be so judged
for our purpose. It was at first difficult to arouse any
sympathy for this girl, who at times seemed both stupid
and sullen. I do not know whether she was acquitted
or whether it was as a convict that she came to our hos-
pital in Jane, 1883. She was found to be suffering from a
mal-position of the uteras, owing to which menstruation
had never been properly estabUshed. At each periodical
straggle of nature to establish the f auction she became
m3lancholy, restless and unlike herself ; local mechani-
cal treatment was instituted, the uterus restored to
proper position, gradually her periods were regularly
established, and she became altogether a different girl,
one whose good nature, honesty and industry won the
confidence of all who knew her. She was discharged
entirely well in thirteen months. Two years later she
\isited me and was about to be married, and I do not
doubt that she will be for the rest of her life a worthy
member of society.

In neither of these two cases was insanity proved by
direct evidence, it was inferential and probable. In the
nature of the case satisfactory legal evidence of tempor-
ary functional insanity must always be difficult, if not
impossible to produce.

In the case of Sarah J. Whiteling there was evidence
strongly corroborative, at least to the medical exam-
iner.

That Mrs. Whiteling's brain had been subject to re-
peated periods of over-fulness of the blood vessels was
proved absolutely by examination of the eyes by the
ophthalmoscope, an instrument by which light is thrown

ARGUMENT FOR COMMUTATION OF SENTENCE. 435

into the eye, making it possible to see the vessels at the
back of the eye ball. This examinatiou was made at my
request by Dr. J. J. Lautenbach, an expert who has as-
sisted ra3 in the study ol about GOO cases of insanity by
this method, which gives most positive results.

Mr. Bailey, a brother-in-law of Mrs. Whifceling's, testi-
fied that ^'he had always thought there was something
lacking," that he had "taken notice sometimes she could
talk sensibly, and sometimes she could not."

Undertaker Kehr, who buried the three victims, testi-
fied that " all through he had considered her of unsound
mind," and described her eccentric and unnatural con-
duct on diff arent occasions. This witness, while believ-
ing Mrs. Whiteling to be of "unsound mind," was not
willing to swear "that she was crazy," a distinction
without a difference.

In my own examination of Mrs. Whiteling's mental
condition, I find that she has had hallucinations of hear-
ing (false hearing), one of the commonest symptoms of
a disordered brain. I believe that she has had these hal-
lucinations at least once since her conviction.

The utter absence of motive for her crime is also cor-
roborative. It has been charged" that the insurance
money was a motive ; but these small sums were almost
entirely expended in the burial of her victims, and it
was in evidence that the undertaker felt called upon to
check extravagant outlay on these occasions. Again, it
has been said that her motive was to get rid of her hus-
band and children as encumbrances, but it was in
evidence that she was an affectionate mother, showing
all a mother's natural love for her offspring.

Sarah Jane Whiteling is essentially a weak woman,
weak mentally and morally. Her life has been evil
because evil was the direction of the least resistance.

436 ARGUMENT FOR COMMUTATION OF SENTENCE.

Estimating her mental characteristics as they present
themselves without other evidence it is impossible to
believe that she has, or ever had, when in her right
mind, the force of will to plan and execute the deliberate
murder of one, still less of three human beings, and these
the lives nearest to her own.

I cannot sufficiently apologize for the unexpected
length of this communication, which may seem an
unwarrantable intiusion upon the time of your honor-
able Board, but I have been compelled, in trying to make
my meaning plain, to go somewhat into detail in speak-
ing of facts which have not heretofore been sufficiently
emphasized in medical jurioprudence. I note with satis-
faction that the Medico-Legal Society of New York has
during the present week ordered an investigation of
^* Insanity as a Result of Sexual Causes," with special
reference to the case of Sarah J. Whiteling and others
now before the public.

I do most earnestly join with those citizens of the
Commonwealth who are asking you to commute the
sentence of Sarah J. Whiteling to imprisonment for
life. I have no sentimental objection to the infliction of
the death penalty in general, or upon this prisoner in
particular. She is resigned to her fate, and for her this
quick end to a wretched and misspent life is perhaps as
well as any other. But for us it is not well ; and I can-
not think.it other than a reproach to the boasted enlight-
enment of our civilization and a blot upon the fair fame
of our Commonwealth if the woman whose history I
have outlined shall be "hanged by the neck until she is
dead."

PERIODIC INSANITY AS ILLUSTRATED IN

THE CASE OF SARAH J. WHITELING,

AND OTHERS^

By Alice Bennett, M. D.,
Superintendent Pennsylvania State Hospital, Norristown, Pa.

Mr. President and Fellows of the Medico-Legal
Society : — I have come here to-night to appeal to you,
and through you, on behalf of woman as a criminal ;
woman, upon whom nature has laid peculiar burdens,
by virtue of which pr:jculiar susceptibilities and dangers
are inherent in her organism ; the complex forces of
whose nature, too seldom understood even by herself,
are as a sealed book to the mass of law-makers and law-
dispensers, who, with no knowledge of the forces with
which they are dealing, remorselessly judge and condemn
the results of the operation of those forces.

Gentlemen, I feel no humiliation in confessing to you
that woman is, in some directions, weaker than man.
She is a combination of strength and weakness ; as strong
in her strength as weak in her weakness ; if it happens
to be my mission to speak to you to-night only of the
latter, do not look upon me as a renegade ; strength lies
not in the ignoring of weakness but rather in its cour-
ageous recognition.

Without entering at any length into physiological
questions I may be permitted to recall a few fundamental
facts :

The physiological life of woman, as woman, is strongly

* Read before the Medico-Legal Society, March 13, 1S89.

43S PERIODIC INSANITY.

marked by fluctuations and epochs of special signific-
ance.

There are in nature no sharply dividing lines, but for
the sake of convenience we may speak of :

First — The initial or period of sexual life, or pubes-
cence ; an indefinite and varying time vaguely accepted
as carrying with itself the liability to some nervous dis-
turbance.

Second — The closing period of sexual life, the meno-
pause, or '' change of life,'' also indefinite as to time, and
also accepted in the popular mind as a '^ critical'' period.

Every hospital for the insane has many cases of insan-
ity which had their starting points at one of these two
periods, and in all the standard works on mental and
other diseases of women, we find mention of insanity
and other neuroses of puberty and of the menopause.

Between these two extremes we have the recurrence
once in four weeks, interrupted, in the healthy woman,
only by the special event of child-bearing, of the mys-
terious functional disturbance known as menstruation.

Physiologists still disagree as to the precise causes and
significance of this event in the animal economy ; into
this discussion we need not enter, but we are bound to
study it in its manifestations and effects.

I wonder if anyone, not a woman, can ever understand
how this event, under the most carefully chosen condi-
tions, stirs her nervous system to its remotest fibre ; and
yet it should be easy to believe, when we remember that
we are here considering forces which have to do with
the beginnings of life itself.

Physiologists have measured and demonstrated an
^ increase of vascular tension " throughout the whole
system, in addition to special locahzed changes attend-
ing this function, but there are effects which cannot be

PERIODIC INSANITY. 439

measured — scarcely described — a condition of unstable
equilibrium, a weakened resistance to external forces,
and a potential liability to explosive nervous phenomena,
not sufficiently emphasized in any of the works I have
met with on the nervous disea-ses of women, and almost
wholly unrecognized in medical jurisprudence, in either
practice or theory.

Understand me, I am not of those who look upon
each recurring menstrual period as one of ^ temporary
insanity, " during which every woman is, of necessity,
incapacitated mentally and physially for the ordinary
duties and responsibilities of life ; far from it, but I do
maintain it is a period no woman dare ignore.

A perfectly healthy woman, strong in the habit of
self-control and of mental equipoise, subjected to no
extraordinary physical or mental strain, scarcely bends
before the passing storm ; but in so far as these ideal
conditions are departed from, so far is some deviation
from the normal equilibrium of the brain and nervous
system possible, or even probable.

I repeat that there resides in every woman a potential
liability to explosive nervous phenomena at this period,
in its normal physiological occurrence, still more in any
abnormal interference with its regular recurrence.

Conditions under which these potential disturbances
are most liable to become actual, in other words, the
causes of periodic insanity, and other nervous disturb-
ances, among women, I would group, for convenience,
without pretending to scientific completeness, as follows :

First — Subjective Causes :

(a) A weakened resistance of the brain centers which
may be either natural, the result of disease, or the result
of defective training.

(6) Valvular disease of the heart.

440 PERIODIC INSANITY.

From my own observations I have come to consider
this of very great importance. Some years ago, in a
paper presented to the Medical Society of the State of
Pennsylvania, I called attention to the almost constant
coincidence of valvular heart disease with a form of in-
sanity characterized by hallucinations of the senses with
delusions of persecution, suggesting a relation of cause
and effect.

More recently, approaching the subject from another
standpoint, I stumbled upon the observation that nearly
all my cases ascribed to '^change of life" were of this
type and associated with valvular disease of the heart.

I could give you the history of about fifty of such
cases possessing marked features common to all.

It is only during the preparation of this paper that I
have come to see that the sa'r.e condition runs through
most of my cases of periodical mental disturbance, the
history of some of which I want to give you, if time
permits.

And is there not reasonableness in the assumption,
which is borne out by the histroy of these c ises, that
the delicate structure of the brain must feel, more or
less according to its powers of resistance, any defect on
the part of the heart, which, acting somewhat after the
manner of a pump, supplies it with the elements nec-
essary to its integrity, that, while under ordinary con-
ditions the brain may resist successfully the threatening
danger, at a time of extraordinary susceptibility, such
as exists at the menstrual period, it may give way,
either temporarily, recovering to go through the same
experience at the next period of special weakness, or,
failing to recover its lost harmonics, to remain perma-
nently overthrown ?

PERIODIC INSANITY. 441

{d) Any disease or conditions depressing the system
generally.

Second — Objective Causes.

Under which may be grouped all the external sources
of irritation and nerve exhaustion incident to daily life.

When I consider the life-conditions of the average
woman of the middle and lower classes, the large and
repeated demands on her vitality made by frequent
child-bearing, with the never ending wear and tear of
body and mind, which men so seldom understand, insep-
erable from the cares of a household, in addition to
which she not infrequently must do some special work
to aid in the support of the family ; when I consider
how often is lacking in her the kind words and helpful
sympathy which alone makes such a stupendous drain
upon her vital forces possible, safely possible, then I
wonder, not that women become insane, but that they
do not more often become so.

A recent writer says : "It may be questioned if even
physicians at all times fully appreciate the demand
made upon the female organization by roroduction.
* * * The repetition of pregnancy and lactation, with
the duties and cares which multiply as life advances,
exhaust the nerve power and lead in many cases to
mental derange men':.'' (Skene s Treatise on Diseases of
Women, 1888).

Doubtless the mental aberrations of the menstrual
period aro more frequent than have been noted, but
being temporary and occurring in the form of eccentric-
ities, or alterations in dispositions or conlunt, they are
not recognized as such in family life.

If there be a nerve explosion in the form of some act
of violence, the woman at once becomes a criminal, and
it is a matter of record that the most unnatural and

44y PEKJODIC INSANITY.

monstrous deeds have been done by women at such a
time, deeds the very unnaturahiess of which should
plead for the doer, but which on the contrary only serve
to intensify the popular clamor for the blood of the
unfortunate, so-called criminal.

Of such a nature, I maintain, were the crimes of Sarah

J. Whiteling, who administered poison to her husband,

daughter and son, on March 20, April 20, and May 22,

respectively, from the effects of which they died and for

which she is to be hanged March 27.

I believe the case of sufficient interest to present to
you somewhat in detail :

Sarah Jane Whiteling, born Goff, age 40, of German
extraction lost both parents before her recollection; no
reliable family history obtainable. Her early associa-
tions were evil; she was never sent to school, and learned
to read after she was married.

She confssses to have lived an irregular life, begin-
ning at twelve years of age, which was passed in the
West until after the Chicago fire, when she came to
Philadelphia with her first husband, a man named
Brown. At that time she had no living children, but
several miscarriages.

In about a year. Brown was committed to prison for
so ne serious offence, and she afterwards lost sight of
him altogether.

For several years following she lived a dissolute life.
She gave birth to one child, which lived but a short
time, and, again, at the Philadelphia Almshouse, a
child, Bertha, was born — one of the victims of the
pjisoning. The father of Bertha was one Thomas
Story.

She once spent two weeks in the county prison for
stealing.

pp:riodic insanity. 443

She was married to John WhiteHng March the 27th,
1880, and claims to have been entirely faithful to him
from that time. By the marriage she had one living
child— William — also a victim of the poisoning, born
March 27th, 1887. She also had two miscarriages.

She describes her life with Whiteling as one of hard-
ships. While not positively unkind, he was a drinking
man, indisposed to work, and allowed her to wash,
scrub, etc., for the support of the family. He also had
been in prison, as had other members of his family.

She claims to have been in poor health much of that
time, and was at times treated for falling of the womb
and other troubles.

At her menstrual periods, she habitually suffered from
pain in the head and back, and dizziness — some inies
compelling her to go to bed.

In February, 1888, John Whiteling was taken sick,
was at times violently delirious, and required very close
attention, in which she had no help either by night or
day for about four we ;ks, in addition to taking care of
her home and two little children. In her own words,
she was '' nearly wild" with the stram upon her.

At this time her menstrual period was due and did not
appear, and her mental strain was aggravated by the
fear that she was pregnant.

On th*^. morning of March the 2i)th, John Whiteling
was very restless, and she says that she felt ** nearly
distracted." Some members of his lodge were coming
to stay with him that night for the first time, and she
says the thought came to her: " If I can only give him
something to keep him quiet until the men come."

She had a box of " Rough on Rats '' bought for the pur-
pose of killing vermin in the house some time previously.
She was preparing some egg-nogg for the sick man,

444 PERIODIC INSANITY.

and something seemed to say to her: ''Go to the closet
and get some of that powder.'' She says the thought
ol kilUng him was not present, but that she "took a
little of the powder on the end of the spoon, and mixed
it with the drink." He died the same day, and she be-
came frightened at what she had done, and dared not
speak of it. A certificate of death from "inflammation
of the bowels " was given.

In April, Bertha Whiteling, aged 9 years, then attend-
ing school, was accused of stealing from her teacher.
It was put in the papers, and her mother was much
worried about it. Finally, on the 20bh of April, she
gave to her also a dose of "Rough on Rats." It was
charged by the prosecution that several do3es were given,
but I have seen no proof of it, and Mrs. Whiteling says
positively that it was but one.

The child lived four days, and the same physician gave
a certificate of death from "gastric fever."

In explanation of this second murder, Mrs. Whiteling
at one tim3 said she "thought it would make Bertha a
better girl if she could give her something to make her
weak and sick." At another time, she said it was be-
cause she thought "it would be better if they were all
under ground together."

In a confession taken down by the Coroner, I am told
that she said she wanted to get rid of them all because
they were an encumbrance, or words to that effect.
This last paper I have not been able to find among the
other records, and I have never been able to extract
from Mrs. Whiteling any sentiment of that sort, which,
indeed, seems inconsistent with all my knowledge of
her.

On May the 22d, she gave some of the same powder
to her son Willie, aged 2 years, and he also died after a
sickness of four days.

PERIODIC INSANITY. 445

The same physician refused to attend this third mem-
ber of the family, and a young doctor in the neighbor-
hood, who saw the child once, gave a certificate of death
from ''congestion of the bowels."

Here she says she had the intention of killing her
child, and to end her own life, so soon as he was buried,
because she " wanted the whole family together under
the ground."

Coming home from the burial of Willie, she says she
mixed a last dose of the poison intended for her-
self, and kneeling down asked God to forgive her for
what she had done, and what she was about to do.
While on her knees, she "felt the touch of a hand on
her shoulder, and a voice said: 'Don't do it; I forgive
you.'" Several times she tried to take the poison, but
"something seemed to prevent her lifting the glass,"
and she gradually came to believe that she was forgiven,
and went to church, resolved to live a better life.

It was one week later that the matter was brought to
the attention of the coroner, the bodies exhumed and
proofs of poisoning found.

Mrs. Whiteling made immediate confession, was com-
mitted to prison, tried in November, convicted of " mur
der in the first degree'' and sentenced to be hanged
March the 27th, 1889."

I saw this woman three times before her trial and
have seen her three times since she has been under sen-
tence of death.

In person she is about five feet in height, squarely
built, with a tendency to the accumulation of fat ; all her
muscular movements are heavy and lack precision ; com-
plexion dark ; expression lacking intelligence. There
has been no dissent from the common judgment that her
mind is of a low order. Her power of attention is de

446 PERIODIC INSANITY.

f ective ; she rambles from t he subject in conversation
and dwells disproportionately upon trifles. At no time
has she seemed to comprehend the awful nature of her
crime and their import to herself. At this time she is
looking forward to her execution with apparent indif-
ference, speaks of it with smiles, and is convinced there
will be no reprieve, because '' her WJlie was born on the
same day of the month appointed for her execution."

On examination I found her suffering from prolapse
of the uterus, with chronic enlargement and internal in-
flammatory changes.

Menstruation during the past year has occurred only
in February, June and December.

She has a mitral regurgitant murmur of the heart, so
slight as almost to escape detection, but also observed by
one of the experts for the commonwealth.

The pulse was irregular both as to frequency and vol-
ume. In connection with the mitral defect of the heart
and the unequal volume of the pulse I attach consider-
able importance to the hallucinations of hearing, which
she gives the history of, as occurring previous to giving
the poison to her husband, when she was about to swal-
low the poison herself, and on two occasions since she
has been in the prison.

An examination of the eyes was made at my request
by Dr. L. J. Lautenbach, an ophthalmologist who has as-
sisted me in the study of about 600 cases of insanity by
this method.

Vascular changes in the deep structures of the eye, as
seen by the ophthalmoscope, I have come to regard as a
valuable index to similar conditions in the brain.

The following is extracted from Dr. Lautenbach's
report to me :

'' The eyes indicate congestion, periodic in the sense of

PERIODIC INSANITY. 447

an accentuation of congestion at different times, each of
these congestions having causative relation to the deter-
ioration of the optic nerve — shown by the appearance of
the nerves and by the contracted fields for both form and
color. Of course the inference is obvious that these con-
gestions, not being occasioned in the eyes themselves,
are the same as are present in the brain where they have
been followed by similar results.''

This I regard as the most positive direct evidence ob-
tained, or obtainable, but it was mostly ruled out at the
trial.

Taking the mental and moral measure of this woman
as she presents herself without any evidence, one finds
it impossible to believe that she has, or ever had, when
in her right mind, the force of will to deliberately plan
and execute one, still less three murders.

Her nature is kind and affectionate ; never vicious,
ill-tempered, or resentful even toward those who wish
her harm. Above everything else she is a weak woman ;
one who has drifted with the tide.

Her life has been evil, because evil has been in the di-
rection of the least resistance. In other words she has a
brain weak, unstable and yielding to slightest influences,
such a brain as, under exciting causes, is easily unbal-
anced and determines insane acts.

Keeping in mind the dates of her series of crimes —
March 20, April 20, May 22 —remembering that her men-
strual period failed to appear in March, that it failed also
in April and again in May, remembering, too, the con-
ditions of her life at this time, we cannot fail to see that
a combination of circumstances favorable to the produc-
tion of insanity was present.

To recapitulate : We have a woman of naturally weak
brain which has been subjected to periodic congestions,

448 PERIODIC INSANITY.

or fulness of the blood vessels at the menstrual period,
in whom the function abruptly ceases and the periodic
vascular fulness thereby fails of its usual relief. She is
i'urth ?r dragged down by internal diseases of long stand-
ing, and her power of resistance further weakened by a
defective heart. Add to this the extraordinary physical
and mental strain imposed upon her during those weeks
when she had no help either night or day in caring for
her sick husband and in providing for the wants of her
two little children.

I repeat, that here are all the conditions necessary to
the production of insanity, such as have been seen to
produce insanity over and over again.

Based upon all these facts, and also upon the evidence
as given, my judgment is that Sarah J. Whiteling was
in an unnatural mental state ove a period of three
months and more, and that, periodically with the strug-
gle of nature to re-establish the interrupted function,
her mind became unbalanced, to a degree that rendered
her incapable of judging between right and wrong, and
of properly directing her own actions.

The case of the Commonwealth vs. Whiteling came to
trial at a time when a wave of indignation against the
common practice of insuring the lives of young children
was sweeping over the community.

The horror inspired by these unnatural deeds — unnat-
ural most truly — was deepened by the idea which rap-
idly gained ground that they had been done for money,
for the paltry sum obtained by the insurance upon the
lives of the victims, and popular clamor demanded the
conviction of the wife and mother.

At the present time this idea is still firmly rooted in
the public mind, judging from the comments of the
newspapers, but it is a most unjust one and wholly with-
out support.

PERIODIC INSANITY. 449

The small sums received were immediately expended
in the payment of debts and funeral expenses, and it was
in evidence that the undertaker felt called on to check
extravagant outlay on these occasions. The policies
were not of recent date, and it was in evidence that it
was almost the universal custom in the neighborhood
where the Whitelings lived to have the children's lives
insured.

There was no evidence that she spent a penny for her
own pleasure, but, on the contrary, she was doing wash
ing and other work for her support after the death of
the last child.

It is right to say here that the Prosecuting Attorney
himself told me that he did not regard the insurance
money as a motive, but rather her desire to rid herself of
her family as encumbrances.

The latter hypothesis I regard as inconsistent with
her nature, and with the evidence that she had been a
kind and affectionate mother, with all a mother's natural
love for her offspring.

Dh'ect evidence of temporary, functional insanity, of
a nature to satisfy the legal mind, must always be diffi-
cult, if not impossible to produce. In this case the pris-
oner was peculiarly defenceless, from the fact that she
had no living relatives, and there was no one who had
been with her and could testify to her exact condition at
the times when she committed her first, second and
third unnatural crimes.

A woman who kept a store in the neighborhood, the
clerk in the drug store where she bought the poison, sev-
eral women for whom she had washed and sewed, a
number of neighbors who had seen her ''off and on,"
the Coroner, a police officer and six doctors— a formid-
able array of eighteen witnesses — testified in rapid sue-

450 PERIODIC INSANITY.

cession that they had not '^seen anything insane in the
conduct of the prisoner at the bar." There was really no
reason why the Commonwealth should have stopped at
eighteen, unless at this point the jury was sufficiently
impressed with the quantity of the evidence.

Of the six doctors, two were the attending physicians,
who gave the certificates of death, both confessedly
without experience in mental diseases ; one was the
prison physician, who had no previous acquaintance
with the prisoner ; three were experts of acknowledged
high standing, of whom two had visited her once, and
one three times in prison. Their testimony, as was that
of the two experts called by the defence, was kept rigidly
within the limits of their own personal observations.
Inference, reasoning from premises and analogy have
their uses, but are not evidence. The question, ^'Did
you yourself see evidences of insanity in this woman ? "
was necessarily answered in the negative, since no one
has taken the ground that she is now insane, beyond
being of low mental grade, or that she had been so since
her arrest and imprisonment.

The following extracts from the evidence are taken
from stenographic notes of the inquest and trial, kindly
loaned me by the District Attorney :

M. E. Pomeroy, a neighbor, at the Coroner's inquest,
testified '^that Mrs. Whiteling came to her house and
told her the bodies had been taken up, and that she
expscbed to b3 arr33ted, and that she was laughing when
she was telling her about it."

In the evidence of Mrs. Martin, a neighbor, it was
developed that the prisoner told her that she would not
have Willie examined, post-mortem, ^'because she had
a child opened once and it came to life again."

Mr. Baily, a brother-in law to the prisoner, testified

PERIODIC INSANITY.

451

that he ^^ always had thou«;iit the woman flighty in
some way ; " also he " took notice sometimes she
could talk sensibly and sometimes she could not^

Undertaker Kehr, who buried the three victims, testi-
fied that he visited the house about a dozen times ; that
the prisoner ** acted and talked foolishly ; at times would
cry and again would laugh '' When we drove up with
the wagon to the funeral of Bertha, she was across the
street and looked like a wild woman." While helping
him to dress Willie for burial, ' ' she would laugh and
would talk about getting married, and would get up and
cry and then would laugh again." ''When I was there I
did not think she was a sane woman."

On cross-examination : * ' The whole tenor of her
actions I think indicated that she was not of sound
mind. ^ * -^ All through I considered her of un-
sound mind ; I would not swear that she was a crazy
woman but I can say she was a woman of unsound
mind."

This opinion the witness repeated in different forms
over and over again.

The folio wins: illustrates a ^method] of cross-examina-
tion :

By District Attorney — *'Now, you say her conduct led
you to believe that she was insane. Did you ever see a
person under such circumstances before, so as to be able
to compare her conduct with that of other ','people. I
mean one having poisoned three people ?"

Ans. — ''I never had a case of that kind before."

District Attorney — ''Then you really do not know
how a person would act under such circumstances ?"

Ans. — " I do not know."

Miss Mathews, the matron of the prison, now in
charge of Mrs. Whiteling, who had an experience of

452 PERIODIC INSANITY.

ses^eii years as nurse in a hospital for the insane before
occupying her present position, has recently told me
that daily observations over a period of months have
convinced her that Mrs. Whiteling is an irresponsible
being.

I last saw Jane Whiteling in her prison cell, a week
ago, March 5. She was in bed, it being near the close
of a menstrual flow of five day's duration. Throughout
that time and especially on the day preceding my visit
the matron told me she had observed a marked alteration
in her ; a tendency to excitement with alternations of
pallor and flushings of the face.

I was forcibly impressed by the more than ordinary
want of steadiness in her mental action and by the fact
that her memory was not so good as at previous examin-
ations ; she herself said : ''I don't seem to have any
remember." More than ordinarily she failed to grasp
any aspect of the situation. She greeted me with the
remark: *'0h, I was terrible happy yesterday," but
when I asked her why, she could give no satisfactory
reason ; " it just come to her."

Later, after speaking to her of her responsibility for
her crimes, she said: ^^I know I can't be a wicked
woman or I couldn't be so happy."

And as I left her in her prison cell i could not help
wondering what possible end was to be served ; in how
much was society to be the safer, the majesty of the law
to be vindicated, by killing this simple, ignorant, un-
fortunate victim of forces which had proved too strong
for her feeble powers of resistance.

A case which presents similar features was that of
Annie Gaskin, who killed her own infant by cutting its
throat, December 27, 1885. She was tried in Philedel-
phia, acquitted on the ground of insanity at the time of

PERIODIC INSANITY. 453

the commission of the act, and was sent to the hospital
at Norristown, where I had her under observation for
more than a year.

Annie Gaskin was also of low mental grade, although
she had always been able to work for her living, had
married and cared for her own household.

She had one sister of feebler grade than herself who
was known as " Simple Mattie.''

Annie Gaskin had also been subject to ^' pain in the
head and dizziness " at her menstrual periods, and it was
at such a time, when under great grief and anxiety fol-
lowing the death of her husband, with extreme poverty
confronting herself and her little children, that she took
the life of one of them.

She rose at four o'clock in the morning, with her
three children sleeping beside her, procured a dull knife
and cut the throat of her babe, ten weeks old, making a
ragged wound five and a half inches long, extending
quite through to the cerebal column — a wound that
would seem to require almost inhuman ferocity to inflict
with the instrument at her command.

This done she redressed the child in clean clothing,
put the bloody garments into a bucket of water and
laid herself down to rest.

At six o'clock she went to her sister's, two squares
away and told her to *^come, for the cat had killed the
baby."

There was no evidence at the trial that she had ever
been thought insane previous to this act.

In her year or more of hospital life with us she was
uniformly gentle, patient and industrious, never ill-tem-
pered or even irritable. For about two days each month
she complained of her head and generally spent the
time in bed and was quieter than usual ; there was never
any out-break of violence.

454: PERIODIC INSANITY.

A.t the end of the time named she was discharged and
given into the hands of her friends with the consent of
the Court.

I have no record of the examination of her eyes or
heart.

In November, 1882, CaroHne Metzgar, a German girl,
I7i years old, apparently sound in body and mind, living
at service in Philadelphia, arose in the night and made a
savage attack with a hatchet upon her mistress and the
infant child of the latter — both sleeping in the same
room with herself.

Neither of the victims died, but for our purpose the
significance of the deed is the same.

There was no motive for the crime, for she had been
on exceptionally friendly terms with her mistress, as
evidenced by the latter 's asking the girl to sleep in her
room —she being alone and nervous.

No attempt was made to conceal the tact. She was
arrested some time later in bed, still wearing the clothes
stained with the blood of her victims.

It was difficult to arouse any sympathy at the time
for this girl, who seemed both stupid and sullen.

I have not been able to get the notes of the trial, but
it seems to me rather remarkable that she was acquitted
on the ground of insanity.

She came to the Norristown Hospital in June, 1883.

Careful inquiry of her mother developed the fact that
her first, and, up to that time, only menstrual period
had occurred six months before this deed. That period-
ically since that occurrence she had been restless and
unlike herself, sometimes getting up at night to walk.

On examination, she was found to be suffering from
a flexion of the uterus. We found that at each periodical
struggle of nature to establish the function, she became

PERIODIC INSANITY. 455

melancholy and restless, but there was never any at-
tempt at violence.

Retinal congestion in both eyes w^as found by oph-
thalmoscopic examination. I have no record of exam-
ination of the heart.

Under the influence of local mechanical treatment,
the uterus was restored to proper position, gradually
her menstrual periods were regularly established, and
she became altogether a different girl, one whose intelli-
gence, thorough honesty and unfailing good nature
w n the affection and confidence of all who knew her.

She never seemed to have any remembrance of that
one act of violence.

Upon proper presentation of the facts to the Court,
she was discharged after thirteen months.

She has since married, and I do not doubt that she
will remain for the rest of her life a worthy member
of society.

Now, what is to be the conclusion of this whole mat-
ter ? That I will not attempt to answer.

These observations of my own have been offered as a
contribution toward the work of the committee appointed
by this society to investigate the subject of "Insanity as
a result of sexual causes," and with the hope of inciting
a much wider circle of similar investigations.

I would have no woman excused from the conse-
quences of her acts merely because she is a woman.

I would not have even insane women always pardoned
for their offences, lest there get abroad a spirit, well il-
lustrated by a former insane patient of my own, who
once said to me : " Doctor, I can do anything I please :
you knoiu God never sends crazy people to hell."

This same woman showed considerable power of self-
control when the necessity for it presented itself.

456 PERIODIC INSANITY.

I have a wholesome respect for a pubhc sentiment
which looks with fear and doubt upon a woman whose
brain has once shown itself capable of reversmg the
highest laws of her being, and of transforming, for the
time, a gentle, loving woman into a blood thirsty mon-
ster, often seeking the most revolting means of accom-
plishing such deeds as I have recounted to you to-night.

It should be made plain that that brain has been sub-
jected to overwhelming forces, assailing its integrity,
such as, in all human probability, will not again present
themsr.'lves, and from the effects of which it has entirely
recovered, before I would have such a woman go free.

So long as there is a doubt, society should have the
benefit of that doubt.

And for the unfortunate subject you may lock her
within the walls of an asylum, in a prison-cell if you
must — anywhere — but you need not kill her.

'^Not guilty by reason of insanity'' should net mean
imaiediate freedom from restraint ; freedom perhaps to
go and be again insane and again to commit crime.

Nor should it mean, as it does in my native State,
Massachusetts, a life sentence to a lunatic asylum for
one who has once been insane, and by reason of insanity
has taken a life.

Such a practical denial of the possibility of recovery
from disease of the brain is both cowardly and unscien-
tific.

May there not be found some middle ground, at once
safe and humane, where every reasonable doubt, whether
in the interests of the safety of society, on the one hand,
or in defence of the sacred rights of the individual, on
the other, may have its due consideration and weight ?

I submit this question to you.

EDITORIAL.

The State Board of Charitibs.

The important portion of the annual report of this
Board relates to the state and county asylums for the
insane. This report shows a bad condition of things
in many of the county institutions, both in care and
treatment of the insane, the abuse of mechanical re-
straint and a general disposition to disregard the advice
of the Board, by the officials in charge.

The theory upon which State Boards of Charities of
this character were organized was, that the members
should be of such recognized public position and char-
acter as to command the respect and the confidence of
the people of the State. Their duties being that of vis-
itation, purely advisory, would have little influence with
superintendents or boards of institutions without both
were satisfied of their ability to properly advise.

It is idle to attempt to conceal what the report shows
conclusively, that the present State Board of Charities
does not command the respect of superintendents of
asylums, or the boards that control them. With perhaps
four to ^ve exceptions, unknown and obscure persons
have been selected for partisan and political reasons
upon this Board.

There are but a few of its members who have any
practical knowledge of the subjects upon which they
are required to examine and advise.

They send one or more of their members once in a
year to examine an institution.

458 EDITORIAL.

They frequently go in the absence of the medical man
in charge. They stay two or three hours, and they
print their impressions as a report to the Legislature.

There is not a superintendent of an asylum in the State
that regards the opinion of the Board upon the question
of insanity^ or the care and treatment of the insane, as
of any especial importance or value.

There is hardly a board of managers of any insane
asylum, or of any of the great charities, that are not in
every respect far the superiors of the State Board as at
present organized, in knowledge of the subject matter
of, and needs of their several institutions.

Governor Hill, who, while Lieutenant-Governor was
on this Board and familiar with its workings, has seen
that its usefulness was gone and recently recommended
its abolition, in his message to the Legislature.

The President of the Board, Mr. W". P. Letch worth,
is a gentleman well qualified for his position, as is Mr.
Oscar Craig, of Eochester, and a few of the other mem-
bers. The members for the City of New York are
not at all competent to meet the necessities of the great

institutions of that city, and we feel inclined to the
opinion that without a thorough reconstruction of this
Board it will cease to be of the slightest importance in
influencing the Legislature, or the administration of the
great charities of the State, and more especially those of
the city of New York.

We deeply regret this. It is not the fault of the
system, but of the caiiessness of the Governors prior to
Governors Cleveland and Hill in selecting incumbents.

The Earl of Shaftesbury, who for fifty years sat as
Chairman of the English Lunacy Committee, and the
Board over which he presided, had the full confidence of
every Board and superintendent in Great Britain, and

EDITORIAL. 459

deservedly. We need either a change in the personale
of this Board or the plan suggested by the Governor,
its abolition.

A Board of Lunacy Commissioners.

A bill is pending before the present Legislature of
New York for the creation of a Board of Lunacy Com-
missioners, composed of several members, the chairman
of v^hich shall be a physician at a salary of $5,000, one a
lawyer at a less salary $3,000.

The Board to have advisory powers only, and holding
as a body about the insignificant position as to power
and responsibility, as the present State Lunacy Com-
missioner, or the present State Board of Charities.

While all must agree that a Board of Lunacy Com-
missioners with powers analagous to those of the Eng-
lish Lunacy Board, properly organized, would be of
enormous consequence and importance, to the proper
administration of the various institutions for the insane
of the State, it is important when such a Board is con-
stituted to commence right.

1. A physician should not be chairman of it. It
should be a layman, and, if possible, a lawyer of position,
who should command a salary equal to that, and secure
the ability equal to that, of a judge of the Supreme
Court, as it would be in every way as important an
office, and at a suitable salary.

2. A medical man should be upon it who would com-
mand a salary of at least $5,000, selected for his thorough
acquaintance with and fitness for the position, and of
such standing that such a salary would be small for the
service rather than large, and both these gentlemen
should be required to give their whole time and atten-
tion to the duties of the office.

4G0 EDITORIAL.

3. The other members of the Board should at least be
five in number, and should be selected from citizens of
high character, who would serve without salary, and
whose traveling expenses and all disbursements should
be paid by the State.

4. A secretary at a salary of $2, 500, to be chosen by
the Board.

This Board should have all the powers exercised by the
Enghsh Lunacy Board, over the management of institu-
tions, discharge of inmates, and should have power to
suspend any superintendent for cause, or discharge any
inmate improperly committed or retained in any public
or private institution.

They should be required by law to visit every mstitu-
tion at least four times in each year, and every insane
person in the State should be made the subject of espe-
cial and personal visitation at least three times in each
year by some one member of the Board, so as to give re-
lief in any case, and to have personal knowledge of each
case

A serious defect of our present system is that there is
no legal or official power over the superintendents of
asylums. They need and should insist upon this su-
pervision in their own interest.

The power of the Board, and its orders as to treatment,
discharge or internal administration, should be followed
at once by legal authorization.

It may be impossible to obtain a proper law at this
session It may be thought well to obtain such a Board,
without power now, and look to future legislation for
authority and power. We think now is the time to at-
tend to both these most important matters. We know
of no Board of Lunacy Commission that is presided over
by a physician. He would be more important in advis-

EDITORIAL. 461

ing the Board in medical matters. His profession would
rather disqualify him to act as President of the Board.

If the Legislature will pass such a law Governor Hill
can safely be entrusted with the power of making a
Lunacy Board that will command the confidence and
support of the people of the State, and of Superinten-
dents and Board of Managers of institutions.

Dr. Samuel Wesley Smith.

We must compliment the State Commissioner in
Lunacy for the promptness with which he sends his
report to the press. It only purports to give data since
May 24, 1888, the day he assumed the duties of the
office. He apologizes for the residue of the year, by the
remarkable statement ^'that he received no records or
reports from the outgoing commissioner of work per-
formed and recommendations made by him during the
past fiscal year. "

The report is terse, vigorous, and shows energy, zeal,
good work and practical common sense in its recom-
mendations.

The recommendations of changes in the law are such
as the commissioner shows are necessary for the service,
viz.:

1 . A commission for the revision and codification of
the lunacy statutes of the State.

2. An earlier date for the reports from asylums to
commissioner on or before October 15 in each year, to
enable him to complete his report earlier to the Legisla-
ture.

3. Enlarging the powers of asylum boards as to dis-
charge and parole of patients.

4. As to committment and transfer of female insane.

i62 EDITORIAL.

5. As to discharge and transfer of the insane from
asylums.

6. As to judicial disposal of insane persons charged
with crime.

7. State care and county care of insane.

8. Classification of the insane by legally defining what
are acute and what are chronic insane.

These amendments we concur in as wise, but it is a
patch work business to so amend the existing statutes,
as to make anything like such a whole, as we need and
should have.

The whole edifice of the lunacy law needs reconstruc-
tion.

The powers of the commissioner in lunacy should be
greatly enlarged until a Board of Lunacy Commissioners
can be appointed with full, and not merely advisory
powers.

The change of William Lord Palmer from Auburn to
Middletown was a most commendable action, and the re-
port shows that great injustice has been done the county
asylums, notably in the case of the Wayne County
Asylum at Lyons, N. Y.

Personal.

Mr. Clark Bell was elected an Honorary Member of
the Society of Psychiatry of the Netherlands at the
November session, 1888.

Prof. Benj. Ball of Paris has been elected Vice-
President of the Societie Medico Psychologiques of Paris.

Prof. Brouardel, who was elected an Honorary
Member of the Medico-Legal Society at the March
session, has been elected President of the Medico-Legal
Society of France.

Sir John C. Allen, Chief Justice of New Brunswick ;

EDITORIAL. 463

Chief Justice Bermudes, of Louisiana • udge W. S. Ladd,
of the Supreme Court of New Hampshire ; Judge A. L.
Palmer, of the Supreme Court of New Brunswick ; Judge
Locke E. Houston, of the First Judicial District of Miss-
issippi ; Judge Wm. H. Francis, of Dakota ; Judge
Westcot, of Philadelphia, and Judge Gumley, of Louis-
iana, are among the recently elected active members of
the Medico-Legal Society from the Bench.

Among the superintendents of asylums who have
recently united with the Medico-Legal Society since the
announcement made in the June number of this journal,
when the names of twenty-six then elected since the
preceding January meeting were announced, we take
pride and pleasure in announcing :

Wm. M. Knapp, M.D., Supt. Nebraska State Asylum ;
A. B. Eichardson, Supt. Athens Insane Asylum, Ohio ;
J. H. Callender, M.D., Supt. Central Tennesee Hospital
for Insane ; G. F. M. Bond, M.D., Supt. Ward's Island
Asylum, New York City ; S. Bishop, M.D., Supt. Nevada
Insane Asylum; P. E. Smith, M.D., Supt. Missouri
State Asyl.im, St. Joseph ; John W. Waughop, M.D.,
Supt. Insane Asylum, W. T. ; Daniel Clark, M.D., Supt.
Insane Asylum, Toronto, Canada; J. T. Steeves, M.D.,
Supt. Insane Asylum, Fredericton, N.B. ; C. H. Wallace,
M.D., Asst. Physician St. Joseph's Asylum, Mo. ; Samuel
Wesley Smith, M.D., State Commissioner in Lunacy of
New York; W. F. Drewry, M.D., Asst. Physician Virginia
State Asylum, Petersburgh ; Selden H. Talcott, M.D.,
Supt. New York State Asylum, Middletown ; L. G.
Perkins, M.D., Supt. Louisiana State Asylum, Jackson ;
Connolly Norman, M.D., Supt. Kichmond District Asy-
lum, Dublin, Ireland ; C. Chase Wiley, M. D., Asst.
Supt. Pennsylvania Asylum at Pittsburgh ; Elon N.
Carpenter, M.D., Supt. Asylum, Amity ville, N. Y., and
among professors :

464 EDITORIAL.

Prof. Milieu Coughtrey, of Otago University, New
Zealand ; Prof. Frank S. Billings, Nebraska State Uni-
versity ; W. A. Hall, Professor Medical Jurisprudence,
Minneapolis, Minn. ; Prof. Arthur P. Luff, of St. Mary's
Hospital College, London ; Prof. Victor C. Vaughn, of
Ann Arbor, Mich.

Prizes for Essays on Medico-Legal Subjects.
The Medico-Legal Society of New York announces
the following prizes for original essays on any subject
within the domain of medical jurisprudence or Forensic
Medicine :

1. For the best essay — One Hundred Dollars, to be
known as the Clark Bell Prize.

2. For the second best essay — Seventy-five Dollars.

3. For the third best essay — Fifty Dollars.

The prizes to be awarded by a commission, to be
named by the President of the Society, which will be
hereafter announced.

Competition will be limited to active, honorary and
corresponding members of the Society at the time the
award is made.

It is intended to make these prizes open to all students
of Forensic Medicine throughout the world, as all com-
petitors may apply for membership in the Society,
which now has active members in most of the American
States, in Canada, and in many foreign countries.

All details of the award will be determined by the
Executive Committee of the Medico-Legal Society of
New York.

The papers must be sent to the President of the Medico-
Legal Society of New York, on or before Novemberl, 1SS9,

or deposited in the Post Office, where the competitor
resides, on or before that day.

EDITORIAL.

465

The name of the author of any paper will not be com-
municated to the Committee awarding the prizes.

All persons desiring to compete for these prizes will
please forward their names and address to the President
or Secretary of the Medico-Legal Society of New York.

In case the essay is written in a foreign tongue, it
should be accompanied by a translation into the English
language.

The Committe of Award to consider the merits of each
essay, independent of their opinions of the author's
views.

It is hoped that all our members, whether active,
honorary or corresponding, will take an interest in this
effort to stimulate scientific inquiry and research in
questions relating to medical jurisprudence.

Scientific societies in all countries are invited to lay
this announcement before their members, and the co-
operation of the legal, medical and public press is
respectfully solicited in bringing the subject to public

attention.

Clark Bell, President,

57 Broadway, N. Y.

Albert Bach, Secretary,

140 Nassau St., N. Y.

Prize Essays.

It has been found impossible to publish the prize
essays in book form at as low a price as named in the
December issue.

To publish some of the essays awarded prizes, those
which received honorable mention by the Committee,
and some of the other competing papers thought worthy
of a place in such a volume, will require a much larger
outlay than was at first supposed.

466 EDITORIAL.

One hundred and fifty copies have been already sub-
scribed for. If one hundred additional copies can be
obtained the volume will be published at $1.00 in cloth,
and 60 cents in paper, and delivered to subscribers in
the order in which the subscriptions are received.

American International Congress of Medical Juris-
prudence.

The Medico-Legal Society of New York has decided
to hold, under its auspices, an International Congress
OF Medical Jurisprudence at which representatives
from all countries are invited to attend and contribute
papers.

The immense progress made in this century in the
sciences of biology, neurology, psychiatry physiology,
psychology and toxicology have enhanced our knowledge
of the functions of brain, nervous organization, and eleva-
ted medico-legal science to a higher rank than it ever
occupied before. The application of justice is governed
by a higher sense of humanity, with our increased knowl-
edge of the physical organization of the human mind.
The conviction has therefore gained ground, that medi-
cine and jurisprudence must combine closer for a clearer
definition, and the better understanding of the principles
that are rooted in both branches of learning, in the exer-
cise of functions which require practical application in
the government of society. This is the special field of
medico- legal science, and it calls for the most intimate
relationship between the faculties of medicine and of
law. Eminent men in both hemispheres have rendered
great service in the elucidation of the great principles
underlying medico-legal science. In most of the European
countries forensic medicine is taught by great specialists
attached to the universities, and the same is done in

EDITORIAL. i67

some of our own colleges; nevertheless, there is no uni-
form practice in the ap])li(ation of these principles to
the administration of justice. The courts in Germany
obtain the opinions of experts officially attached there,
which are, however, often disregarded, and neither in
this country nor in Europe are the courts bound by the
professional opinions of the medical experts. The diver-
gence of views must be greatly ascribed to the obscurity
which still surrounds certain scientific facts outside of
the medical profession, the necessary eft'ect of the
absence of intimate and close relationship between the
faculties of law and medicine.

To bring about a nearer approach of the two learned
professions in the interest of medico-legal science and a
more uniform application of its principles throughout
the civilized world, our Society has determined to in-
vite the votaries of medico-legal science, the men wha
have attained eminence in the professions of medicine
and law in any part of the world, whose voice will be
heard with that respect which is accorded to authority,
to meet at an international congress to be held in the
city of New York, on the first Tuesday in June, 1889, at
such place as will be determined.

In issuing this call we voice the sentiments of lead-
ing jurists and alienists, of prominent members of the
bar, and the medical faculty of our whole country, and
we may promise to all the gentlemen who will attend
a cordial welcome by our citizens and members.

A congress like this will advance mightily, the cause
of justice and humanity, and will pave the way for a
clearer definition of the principles w^hich should govern
the administration of justice in our enlightened age.
The intercourse between men eminent in their pro-
fession, the exchange of views between them, the treat-

4C8 EDITORIAL.

ment and discussions of questions that form an integral
part of both law and medicine, by those whose voices are
recognized as the leaders of science, will form another
link in the universaHty of all true science.

The Congress will hold a session of four days. Mem-
bers of the Medico-Legal Society will entertain as guests
all foreign visitors — and arrangements will be made for
reduced rates of ocean and railway travel for those who
attend from a distance.

The leading societies, home and foreign, who are pur-
suing kindred studies, are invited to send delegates.

The General Committee of Arrangements is herewith
announced.

These who have been placed upon the International
Committee of Arrangements for each State, territory
or country will please at once act as our representative in
the State or Country where they reside, and are author-
ized to obtain titles of papers and names of those who
will take part in the Congress, either by attending or
contributing papers.

To assist in defraying the expenses of the Congress, a
roll will be made of those who desire to become members
of the Congress, and contribute a fee of $8, which will
entitle them to a copy of the Bulletin free. Members of
the Society who are unable to attend, are urged to enroll
as members to aid in defraying expenses, and relieve the
Society from this burden.

This should be. remitted to Mr. E. W. Chamberlain,
Treasurer, No. 120 Broadway, who will keep it as a
separate and special fund for the expenses of the Con-
gress.

Members of ihe Society, residing in the various states
of the Union, or the Canadas, will be entertained by the
resident members, on the same footing as foreign dele-
gates or invited guests.

EDITORIAL. 4f)9

All Active. Honorary or Corresponding members who
will contribute papers, to be read at this Congress, will
please forward their names and the title of their papers
to the Corresponding Secretary or to the President of
the Society, at No. 57 Broadway, N. Y. City.

Officers of scientific bodies, in sympathy with Medico-
Legal studies, will please lay this announcement before
the members of their societies.

All students of Forensic Medicine or its kindred and
allied sciences, are invited to attend and to contribute
papers to be read. We request you to inform us of
your decision and of the subject which you may eventu-
ally desire to speak upon or the treatise which you may
submit. The sooner you can communicate your pleas-
ure to us, the more you will facilitate the labors of the
committee who are charged with the necessary prepara-
tions for the work.

Please advise the undersigned if you will contribute a
paper to this Congress if unable to be present. A bulle
tin of the transactions will be published, at a cost of
$2.00 in cloth or $1.50 in paper. Members or others de-
siring to secure the same will please remit to the presi

dent of the society.

Clark Bell,

President.
Albert Bach,

Secretary.

MoRiTZ Ellinger,

Cor. Secretary.
New York, March, 1889.

470

EDITORIAL.

COMxMITTEE ON INTERNATIONAL CONGRESS:
Clakk Bell, Cliairman, of New York.

Judge H. M. Somerville, of Alabama.

H. C. Dunavant,M. D., of Arkansas.

James Simpson, M. D.. of California.

H. Charles Ulnian, Esq., of Colorado.

H. B. Geib, M. D., of Connecticut.

R D. Murray, M. D., of Florida.

Eugene Foster, M. D., of Georgia.

Ed. J. Doering, M. D., of Illinois.

W B. Fletcher, M. D., of Indiana.

Jennie McCowen, M. D.. of Iowa.

A. N. Drake, M. D., of Kansas.

H. K Pusey. M. D. , of Kentucky.

Chief Justice E. Bermudes. of Louisiana.

Jas. T. Rnigold, Esq., of Maryland.

Ed. J. Cowles. M. D., of Massachusetts.

Dr. Henry B. Baker, of Michigan.

Prof. W. A. Hall, of Minnesota.

Prof. H.Aubrey Husband. of Manitoba.B.C.

Daniel Clark, M. D., of Toronto, Canada.

H. E- Desrosiers, M. D-.of Montreal. Can.

J. T. Steeves, M. D., of New Brunswick.

Simon Fitch, M. D., of Nova Scotia.

Joaquin G Lebrado, of Cuba.

Dr Louis Penard, of France.

Prof. Dr. Fnrstner, of Germany.

Dr. G. E. Bentzen, of Norway.

Prof. Senator Andrea Verga, of Italy.

Prof. Dr. Paul Kowalewsky, of Russia.

Prof. J. Lehman, of Denmark.

Ed. M. Perez, M. D., of Bueno Ayres, S. A.

Herman Kornfeld. M. D., of Silesia.

Dr. Geo. P. Tucker, of New South Wales.

W. H. S. Bell. Esq.. of South Africa.

Prof. Dr. L. Wille, of Switzerland.

R. E. Smith, M. D., of Missouri.

Judge Locke E. Houston, of Mississippi.

Prof. Frank S. Billings, of Nebraska.

S. Bishop, M. D., of Nevada.

Granville P.Conn M.D., of N. Hampshire.

Judge C G. Garrison, of New Jersey.

Prof. Millen Coughtrey, of New Zealand.

J. D. Roberts. M. D., oif North Carolina.

W. A. Ward, ^I. D., of Ohio.

-Judge R. B. Westbrook, of Pennsylvania.

Geo. D. Wilcox, M. D., of Rhode Island.

Middleton Michael, M. D., of S. Carolina.

Arthur S. Wolff, M. D., of Texas.

Wm. James Parker. M. D., of Tennessee.

Jos. Draper, M. D. , of Vermont.

W. F. Drewrv, M. D., of Virginia.

Ex-Gov. W. C. Squire, of Wash'ton Ter.

S. B. Buckmaster, of Wisconsin.

Judge W. H. Francis, of Dakota.

Judge M. W. Montgomery, of D. C.

Dr. Connolly Norman, of Ireland.

Dr. W. W. Ireland, of Scotland.

Prof. Dr. Arthur P. Lufif, of England.

Souza Lima, M. D.. of l^razil.

Senor Don Manel Contreras, of Mexico.

Prof. M. Benedict, of Austria.

Dr. A. M. Alvarez Taladriz, of Spain.

Dr. Bettincourt Rodrigues, of Portugal.

Dr. Jose Monteros. of Guatemala, S. A.

Dr. Cowen, of Holland.

Jules Morel, M. D., of Belgium.

Prof. Dr. F. Von Holtzendorf, of Bavaria.

Prof. Axel Key, of Sweden.

Prof. Dr. J. Maschka, of Bohemia.

SUBCOMMITTEE.

MoKRrs Ellinger, Chairman.

Dr. Isaac Lewis Peet.
Stephen Smith, M. D.

Ex-Judge Noah Davis.
E. W. Chamberlain. Esq.

SUB-COMMITTEE ON RECEPTION.

Samuel Wesley Smith, M. D.
Frank H Ingram. M. D.
Benno Loewy, Esq.
Fred. Peterson, M. D.

Roger Foster, Esq.
Chas. F. Stillman, M. D.
William G. Davies, Esq.
The President.

SUB-COMMITTEE ON PUBLICATION.

Albert Bach, Esq.,
W. G. Stevenson, M.D.

J. Mount Bleyer, M. D.
The President.

editorial. 471

Titles of Papers for the June International Con-
gress OF Medical Jurisprddence in New York.

We publish the titles of the papers, ah-eady promised:
^^ Criminal Responsibility in Narco-Mania," by Norman
Kerr, M.D., of London ; "Medical Expertism in the Old
World," by A. Wood Eenton, Esq., of the London bar ;
" The Criminal Insane ; Their Legal Responsibility,
Trial and Custody," by Hon. H. M. Somerville, Justice
of the Supreme Court of Alabama ; "Feigned Insanity,"
by Norman Connolly, M.D., Medical Superintendent
Richmond District Lunatic Asylum, Dublin ; "Expert
Testimony in Homicide Cases,'' by Judge Wm. H. Fran-
cis, of Bismarck, Dakota; "Live Birth in Its Medico-
Legal Relations," by Prof. John J. Reese, of Pennsyl-
vania; " The True Test of Legal Responsibility of the
Insane," by Hon. M. W. Montgomery, of the Supreme
Court at Washington, District of Columbia; "Some
Forensic Features of Psychology," by Prof. Edward
Payson Thwing, M.D., of Brooklyn, N.Y. ; "A Study of
the Skulls of Criminals," by Frederick Peterson, M.D.. of
New York ; " Mental Epidemics," by Moritz Ellinger, of
New York ; "The Criminal Insane," by Samuel A^esley
Smith, Now York State Commissioner in Lunacy; " The
Legal Aspects of Hypnotism," by Benno Loewy, Esq.,
of the New York bar ; "Alcoholic Trance in Criminal
Cases," by T. D. Crothers, M.D., Superintendent Walnut
Lodge, Connecticut ; "Power to Transmit and Record
Language," by R. S. Guernsey, Esq., New York bar;
" License Laws," by Carl H. Horsch, M.D., Dover, New
Hampshire ; "Volitional Insanity ; an Inquiry into the
Relation of Defective Inhibition to Criminal Resi)onsi-
bility," by Austin Abbott, Esq.; '* Change of Character
Criterion in Mental Aberration before the Law," by C.
H. Hughes, M.D., of St. Louis; "Freedom of the Will

472 EDITORIAL.

iu Reference to Medeciiia Forensis," by C. F. Linderne ;
'' Life Insurance, " by Daniel, of Fredricton, N. B. ; "A
Medico-Legal View of Electrical Distribution," by Har-
old P. Brown, Esq., of New York ; "The Abolition of
the Coroner in Mass.," by Th. H. Tyndale, Esq., of
Boston.

Illustrated Edition of Series No. I Medico-Legal Papers.

To the Members of the Medico-Legal Society and the Students of Medical

Jurisprudence throughout the World.

It has been decided to publish a new edition of Series No. i of Medico-^Legal Papers,
the first edition of which is wholly exhausted, and thus place within the reach of our members,
and all lovers of the science, a complete series of all the valuable papers read before the
Medico- Legal Society from its foundation in June, 1867, to the founding of the Medico-
Legal Journal in June, 1883. The complete series will be Nos. i, 2, 3, 4 and 5. No. 4 is
now in press, about half completed, and No. 5 will follow.

The volume will contain upward of 600 pp., and will be illustrated with portraits of some
of the prominent members, officials and authors of papers, and distinguished Medico-Legal
Jurists, with short sketches of each.

The expense of such an undertaking is too great to be borne by the Society in whole,
and it can only be done by a general subscription on the part of members for the work.

It has been decided to attempt it at a cost of $3.00 in muslin and $2.25 in paper.

The edition will be printed on fine heavy paper, and will be supplied to subscribers in the
order in which their subscriptions are received. The first 500 volumes will be seperately
numbered. Please return your subscription to rhe Medico-Legal Journal, or to Mr. Clark
Bell, at No. 57 Broadway, New York City, as early as possible.

Ne7u York, March i. 1889.

This notice was sent to members of the Society on
March 1st, 1889. The following subscriptions have al-
ready been made at date of going to press to the illus-
trated editions of Series No. 1:

In cloth: No. 1, Dr. W. A. Ward, Conneaut, Ohio;
No. 2, Jas. M. Lyddy, Esq., New York City; No. 3, E.
W. Chamberlain, Esq., New York City; Nos. 4 to 14,
Clark Bell, Esq., New York City (paid); No. 15, Dr. W.
W. Godding, Washington, D. C (paid); No. 16, Dr.

EDITORIAL. 473

Chas. H. Shepard, Brooklyn; No. 17, Dr. F. H. Clark,
Lexington^ Ky. (paid); No. 18, Albert Bach, New York;
No. 11), C. H. Blackburn, Cincinnati, Ohio (paid); No.
20, Ben no Loewy, E:q., New York; No. 21, Dr. Vander-
veer, Albany (paid); No. 22, M. Ellinger, New York; No.
28, Dr. J. H. Southall, Arkansas (paid); No. 24, Dr. I.
L. Peet, New York; No. 25, Dr. J. Mount Bleyer, New
York; No. 26, Dr. W. G. Stevenson, Poughkeepsie.

In paper: No. 1, N. C. Moak, Esq., Albany; No. 2 to
51 inclusive. The Medico- Legal Society of New York.

Ee VISION OF Lunacy Laws.

The following resolution is now before the Legislature
of New York, on recommendation of the State Commis-
sioner in Lunacy :

Whereas the State Commissioner in Lunacy, in liis report to the Legisla-
ture, has called attention to the necessity of revising the laws relating to the
insane, and

Whereas such a revision embodies a field of amendment touching bolh
our poor laws and the Code of Criminal Procedure, therefore

Resolved, Tliat the Governor be authorized, by and with the consent of
the Senate, the Assembly concurring, to appoint three persons as a special
commission to revise and fodify all laws relating to the insane in this State,
and to report such codification to the Legislature on or before the twentieth
day of January, eighteen hundred and ninety.

Resolved, That the Attorney General and State Commissioner in Lunacy
and President of the State Board of Charities be added to this Commission,
as ex-efBcio members thereof, to serve without com])ensation.

The sum of six thousand ($6,000.00) dollars, or as much thereof as may
be necessary, is hereby appropriated to pay the salaries and defray the nec-
essary expenses of such commission.

We have steadily favored such action, and hope this
resolution will prevail.

TRANSACTIONS.

DISCUSSION UPON JUDICIAL EXECUTIONS
BY ELECTRICITY.

December meeting, 1888.

Mr. Clark Bell, President: The society is desirous of
hearing from electricians who are understood to oppose
the plan suggested by the committee. This is a public
question of the highest intent, and, outside of the sub-
ject, I am glad to see electricians here, and I have ex-
tended in the name of the society a general invitation to
the officers and members of the Electric Club, and to the
Society of Electrical Engineers to be present and take
part in the discussion.

I will call on Mr. Moses to give the Society the benefit
of his views.

Mr. Otto A. Moses : The want of accurate observation
of the conditions necessary to produce instantaneous death
^vould preclude my offering an opinion as to the best meth-
ods of executing criminals by electricity. Since the resist-
ance of the human body varies enormously at times, ac-
cording to the mental and physical state of the individual,
it would not be possible to reason, a priori, on the effect
given quantities of current would produce. Nor was it at
all certain what relation of current, electromotive force
and resistance were most likely to produce death quickest.
When we consider that the varying thickness of the
skin, the oily secretions, the perspiration, hair, etc., all
tend to make a difference between any two consecutive
determinations of resistance, we can put no faith in the
seperficial methods adopted by the experimenters who

TRANSACTIONS. 475

SO rapidly dicided that an alternating electric current
was better for the purpose than a continuous one. Nor
did I see any difference in the effects in the two methods
except that a continuous current was more likely to
cause cer^tain death by its superior electrolytic action —
in which case the blood would be decomposed more ef-
fectually from the passage of the current constantly in
one direction.

Again, I was violently opposed to the prostitution of
so useful an agent as electricity to such vile purpose as
the one proposed. By association of ideas (a powerful
instrument in education) there would be a horror against
its employment as a servant in the household ; and thus
those who were trying to apply it to public executions
were delaying (though not preventing) its final introduc-
tion into our homes as a substitute for gas and steam
power. .

Mr. Ralph W. Pope: I do not feel prepared to discuss
this subject in the manner it warrants. As my friend, Dr.
Moses, remarks, I feel that we are placed in a very peculiar
position in being called upon as electricians at the eleventh
hour, after it has been decided to put into operation this
law, and to advise the great State of New York how to do
it. We feel as if this matter was of so much import-
ance to electricians generally, it would have been more
proper to have called upon us for our opinions at an
earlier stage in the proceed mgs. In glancing over the
report of the committee, I find this clause: ''The com-
mission appointed by law to examine into various
methods of causing death, which should be more
humane than hanging, decided upon electricity." This
shows it was the intention to use the most humane
measures possible to execute criminals.

Now, I do not think, and never have thought that

476 TRANSACTIONS.

our practice was humane in appointing a certain day
and hour in ^.s^hich a criminal has to die. It is one of
those mysterious dispensations of Providence that we
are placed upon this earth, and that none of us know
the time of death; it may come to-night; it may come
to-morrow; but none of us can tell when. Suppose that
it was fixed for everyone of us, what would our lives
become ? They would be one continual round of misery.
In this respect, we might turn to France and learn from
them something about a more humane method so far as
fixing the day is concerned, where the criminal is awak-
ened a half hour before execution; he does not know the
day fixed, and but a few minutes elapse between the hour
he is awakened and the time he is executed. I believe
the new law has a similar provision. Unfortunately I
have not given it attention. The idea is to make it more
humane, and if I was called upon personally to state
my preference to make it as like natural death as pos-
sible, I should suggest gas — not water gas — I should not
want to die by that if I was awake and could smell —
but there are plenty of gases which if turned into the
cell of a criminal on any night without his knowing it,
he would simply fail to awaken from his natural sleep.

That is one method. It is not for me to teach physi-
cians how to execute criminals. If we may believe all
we hear, doctors know how to produce death as well as
preserve life, and if we are to die by the hand of the law
and it is to be done in the most humane and quiet man-
ner possible, I do not see for my part why this sensa-
tional method of executing by electricity was adopted.
I have read aj.d followed some of the experiments
w^hich have been made upon animals ; I have paid some
attention to the details and do not think there is any
question but what a criminal can be executed by elec-

TRANSACTIONS. 477

tricity, but if it is so dangerous and it is such a death
dealing agent, I do not see why such care should be
taken in pinning him down, when it could be done just
as well in the mere act of turning off a light ; that is
sure death according to sorae of the statements made.
It is said there have been 200 killed by meddhng with elec-
tric lights. There is one thing about electricity, it never
kills but one man at a time; it produces none of those
awful disasters like the explosion of a steam boiler in a
vessel on the water. Steam locomotives run constantly on
the elevated roads ; supposing one exploded opposite a
station, it would kill many. We are beset on all sides
by these dangerous elements, but I do not think it would
be wise to adopt any of them as methods of capital pun-
ishment. I do not see why a specific system of electricity
should be selected to do it any more than that a man
should be hanged by a rope made by Wall & Son. I
speak as a represent ative of several companies. I am
on friendly terms with them all. But to make an invidi-
ous comparison, however innocently, is intended to do
harm to certain companies. I have to go and turn on this
deadly alternating current certain evenings in a hall,
but feel no fear. I think electricity one of the safest
elements we have to deal with to-day. It is much safer
than gas ; we know how to handle it. The only
trouble is, that in the stress of competition they use cheap
methods. I have said often regarding our electrica com-
panies that they do not use proper wires in New York city
and that the practice ought to be reformed. I have no
suggestion to make in regard to this method of using
electricity. As it has been proved that the electric cur-
rent can kill a horse, I presume it can kill a man.

F. W. Jones : Having been invited to participate in
the discussion of the report submitted by your Com-

478 TRANSACTIONS.

mittee on the Execution of Condc^mned Criminals by
the electric current, I will cheerfully give you the
results of some experiments which I have just made.

The resistance of the skin and tissues of the human
body varies as the potential or pressure of the current
used in the measurement. To verify this I placed my
Thomson's mirror in a bridge, and had my assistant
measure the resistance between my two middle fingers,
via my arms, and in a series of four tests, the conditions
being kept as uniform as possible, we got the following
results:

ohms.

No. 1 test, with one cell of battery , . 80,000

No. 1 test, with ten cells of battery 37,000

Second test, one cell of battery 31,000

Second test, ten cells of battery 24,500

Third test, one cell of battery 30,500

Third test, ten cells of battery 21,500

Fourth test, ten cells of battery 17 0^0

Fourth test, one cell of battery 21,000

Fourth test, ten cells of battery 17,000

These tests were made at one sitting, and the change
or decrease in resistance was probably due to the epider-
mis of my fingers becoming more moistened by the sul-
phate of zinc solution which I used between them and
the electrodes; also, perhaps, to a slight unconscious
variation of pressure. This shows a variation of only ten
volts to one. Of course I could not stand to have my
measure taken with i<'0 or 1,000 volts pressure through
my body, and if the drop was from 21,000 to 17,000 ohms,
with an increase of nine volts, what Avould it have been
with an increase of 999 volts ? The report says :
' * There can be no doubt that one electrode should be
in contact with the head; the other might be placed
upon any portion of the bod}^, but there are obvious rea-
sons why the neighborhood of the spinal cord would be
more advantageous." It is well known that mother na-

TRANSACTIONS. 479

ture has admirably protected the brain of man, as also
that of many other of his fellow-creatures, with a skull
or bony case containing the seat of all the organs of sense,
and this case forms one coherent mass, no openings
or foramens existing much higher up than the auditory
meatus, all the openings being near the base of the
dome. Now, bone when dry is a non conductor of
electricity, and in the case of the parietal bones
cannot become good conductors. Hair is also a non-
conductor, as well as the epidermis, which, being very
porous, allows moisture to pass through, thus establish-
ing a way for the electric currents to reach the dermis,
and finally the fluids and tissues of the body at such
points as may be directly included between the electrodes,
one applied at the apex and the other at the vertebrae.

It is easy to see that the greater part of the current
applied between these points would be resisted by the
skull, and would flow around outside through the moist,
ure caused by perspiration, and also under the epidermis
through the blood vessels and tissues enveloping the
skull, and any fatal effect would arise from a shock
similar to a blow, and from a reflex action on the sninal
cord through the magnum foramen. To verify this my
assistant made several measurements of me between the
points indicated, and also between a point near the atlas
vertebrae in the back of the neck and a point on the body
in front, between the fifth and sixth ribs. Calling from
the apex of the skull to the nape of the neck, A, B,
and from the nape of the neck to the ribs, the results
were as follows :

Ohms.

A, B, first test, 2 volts 31.000

B, C, first test, two volts 26.000

A, B, second test, 5 volts 11 ,000

B, C, second test, 5 volts 8. 100

A, B, third test, 5 volts 10,000

480 TRANSACTIONS.

Ohms.
B, C, third test, 5 volts 8,100

A, B, fourth test, 5 volts 4,500

B, C, fourth test, 5 volts 3.200

As the direct distance between A and B is but one
third that between B and C, it malves the figures given
comparative by dividing the measurements of B to C by
three, thus, A to B, 31,000; B to C, 8,700. Second test:
A to B, 11,000; B to C, 2,700. Third test: A to B, 10,000;
B to C, 2,700. Fourth test: A to B, 4,500; B to C, 1,070.
These tests seem to indicate that the resistance of the
head is proportionately four times greater than the neck
and trunk, showing that the bones of the skull must very
greatly resist the flow of the current.

If an electric current of suitable pressure be applied at
a point near the atlas vertebrae at the nape of the neck,
and another at a point in front, near the ensif orm cartil-
age, or a little to the left, it will positively produce in-
stantaneous and undoubtedly painless death. The cur-
rent at point B will act in a reflex manner through the
magnum foramen on the entire brain and will also be
directly conveyed, according to the well known laws of
conduction and resistance, through every nerve and
muscle leading from the brain to the vital oi'gans, and
they are all included between the two points.

I do not share with my friend, Dr. Moses, the fear that
the adoption of any particular class of electric machine
or current will bring upon it public distrust or odium
any more than that the use of rope in hangings would
rendes clothes lines objectionable. The public must be
protected from dangerous currents by similar laws and
methods of inspection by public officers as prevail in the
case of steam boilers and other dangerous agents. More
intelligent experiments should be made than those re-

TRANSACTIONS. 481

cited ill the report to determine the character, quantity
and potential of the current best adapted for this dis-
agreeable purpose, decreed by law to be for the pubHc
weal.

Prof. C. A. DoitKMus: I was once requested by the So-
cietyfor the Prevention of Cruelty to Animals to witness
some experiments of the execution of dogs which would
replace the drowning method now practiced. The dogs
were put in a tank with what is commonly known as
carbonic acid gas and were removed after half an hour
dead, transferred to the dump carts, but to the astonish-
ment of the drivers, revived on the way to the East
River. The duty of the committee appointed by the
society was not to ascertain what particular form of dy-
namo was necessary to deal with in order to inflict the
death penaltv, but to ascertain what strength of current
might be used to kill with certainty. We have had the
question brought up whether a person might revive after
the shock of the alternating current and not revive after
the continuous. There should be absolutely no doubt that
the operator is dealing with a current so much greater
than man can stand that he is as certain of executing
the criminal as the hangman is, who knows that the
rope is in a proper condition and that the noose will not
slip when he is about to hang a man. The current ought
at least to be 3,000 volts ; the dynamos should supply a
current between 3,000 and 15,000 volts. We would not
do away with gas in hotels or in our houses, because peo-
ple will blow out the gas. We cannot afford to do away
with electricity in our houses because it appears to be
the best method of causing instantaneous death, and the
question is not whether this society is recommending
one or the other system, but which one is the best. The
point is to decide upon a current of such strength that the

482 TRANSACTIONS.

moment it is received by the criminal he is put out of his
earthly existence. My friend Dr. Biggs may, perhaps,
throw more light upon the question, since he has had
the opportunity of making examinations of the bodies of
several killed by the electrical current.

Schuyler S. Wheeler : Mr. President, I arise to say
something only because I think that one or two state-
ments that have been made here will be somewhat mis-
leading to a general audience. The question has been
asked why the alternating current was used in the ex-
periments on dogs. And in connection with this, it has
been stated here this evening that the selection of the
current to be used was affected by the interests of sev-
eral commercial companies. I do not deny that that i« so.
I think this probably true. But I am satisfied that the
alternating current causes death more quickly than the
continuous. During the experiments at Columbia Col-
lege T saw one dog tested by various currents. The poor
dog was tortured most unmercifully with continuous
currents of various pressure up to twelve hundred (1,200)
units, but without causing death. Finally the operator
asked the audience if they had had enough of it, to
which the reply was very emphatically in the affirma-
tive and accompanied with loud requests from all parts
of the room to use something which would be sure to
kill the dog at once, and put him out of misery. The
operator, then, to relieve the audience and the dog, turned
on an alternating current having a pressure of about
three hundred (300) units or only one quarter of the
pressure of the continuous current which did not kill.
The dog was killed by this alternating current, instantly
and without suffering. Now if the alternating current
causes death painlessly, as was shown on this occasion,
and the continuous current does not, although of four

TRANSACTIONS. 48

times greater pressure, that is a sufficient reason for rec-
ommending it for this purpose. I attended the experi-
ments as a doubter, not approving of the methods that
were used, nor of anything else. But I became con-
vinced that I ought not to be so sweeping in my disap-
proval as to ignore the probable demonstration of the
greater effeciveness of the alternating current in caus-
ing death.

As to the uncertainty with the use of electricity, these
experiments show that the proper amount of alternating
current will kill instantly.

In regard to the objection which has been raised by
gentlemen who are interested in the industral use of elec-
tricity, that its use for the execution of criminals would
have a depressing effect upon its use for other purposes,
I cannot see why this agent should not be as well able to
stand the burden of this office as any thing else. Rope
has been used for hanging men without making us dislike
to use it for clothes lines or window cords ; steel has been
used for executions without causing objections to its
other uses. Why should this cry be especially reserved
for electricity ?

Referring again to the claim that partisan motives
have been the leading factor in carrying on the experi-
ments on which your report is founded, I do not think
that a matter of this sort, upon which technical discus-
sion is invited, ought to be confused, during the discus-
sion, by the introduction of extended remarks on the
motives which lead to the original experiments. It may
be that the demonstrations were apparently started for
a commercial purpose, that of inducing the prohibition
of the use of high pressure alternating currents in New
York City. It was in this connection that I attended
the first experiments at Columbia College, with some of

484 TliANSACTIONS.

the members of the Board of Electrical Control. The
commissioners were so disgusted with the exhibition,
that they retired and advised me to withdraw. But
being anxious to secure the results of the tests I stayed
with great reluctance, and reached the conclusion stated
above.

As to the details of the method proposed, for electrical
excutions, I do n.jt see that anything can be added ex-
cept that perhaps the chair is to be preferred to the table
because less suggestive of anything unusual. I do not
intend these remarks as a reflection upon anybody. I
simply want to manifest my disapproval of the intro-
duction in this place of too much partisan discussion not
bearing upon the merits of the repori.

Dr. Wheeler : I want to say that I heartily agree
with Mr. Jones in his remarks, except in regard to the
effect of passing the current through any part of the
body o. her than the head, it is probably true, as he says,
that the head presents greater resistance to the passage
of the current than any other part of the body, but it is
very desirable to concentrate the effect of; the current
upon the head for the purpose of destroying conscious-
ness without producing muscular actions . If the cur-
rent is passed through any other part of the body the
effects upon the muscles are direct and powerful, pro-
ducing tremendous contractions, "titantic contraction"
I believe they are called by the profession, which of
course are very disagreeable and to be avoided, while the
effect upon the consciousness would be only indirect.

Mr. Geo. M. Phelps (called upon by the chairman) :
I have only just entered the room and so have not heard
what has gone before ; but I judge from the tenor of Dr.
Wheeler's remarks that you are now on the subject of
capital punishment by electricity. Although I am in-

TRANSACTIONS. 485

terested and chiefly occupied in electrical matters,
I have taken but small interest in the subject now before
you. I have regretted that the medical fraternity was
not further consulted in the matter ; if they had been
they would probably have been able to advise some other
and simpler means than electricity. The use of the elec-
tric current seems to me a rather sensational manner of
despatching criminals. I have no criticism to offer on
the method of applying electricity suggested in the report
of the committee.

So far as I have any opinion on the subject I regard
the whole proposition as sensational.

MEDICO-LEGAL SOCIETY— JANUARY SESSION.

Presidency of Clark Bell, Esq.

January 8th, 1889. — The Society met at Hotel Buck-
ingham. President Clark Bell in the chair. The min-
utes of the December meeting were read and approved.
In the absence of Secretary Bach, Dr. Frank H. Ingram
acted as Secretary. The following persons were elected
active members, on the recommendation of the Execu-
tive Committee :

Dr. Henry S. Stark, New York City, proposed by C.
A. Doremus ; Dr. W. L. Tuttle and Dr. Joseph A. House,
of New York City, proposed by Dr. Herschel N. Waite ;
Dr. G. Bettini de Moise, of New York, proposed by Dr.
Blyer ; Dr. Thomas J. Allen, Shreveport, La., and Judge
A. A. Gunby, Monroe, La., proposed by Dr. Joseph
Jones ; Dr. WilUam L. Baner, of New York City, pro-
posed by Dr. Frank H. Ingram ; Dr. William H. Drewry,
Assistant Physician Central Lunatic Asylum, Peters-
burg, Va.; W. Lane O'Neil, Esq., New York City ; Dr.
J. Alban Kite, Medical Examiner, Nantucket, Mass.;

486 TRANSACTIONS.

Dr. Seidell H. Talcott, Superintendent Insane A sylum,
Middletown. N. Y. : Dr. Evans Laplace, New Orleans ;
Dr. E. D. White, New Orleans, and Dr. L. G. Perkins,
Superintendant Insane Asylum, Jackson, La., proposed
by Clark Bell, Esq.

Corresponding : Dr. Van Persy n, Piesident Neder-
landsce Nerreennig ter Bevordering der Psychiatrie, Hol-
land, proposed by Clark Bell, Esq.
The newly elected officers were then duly installed.
President-elect Claik Bell, Esq., delivered his inaug-
ural address.

On motion of M. Ellinger, the recommendations of the
address were approved by the Society, and the chair
requested to appoint committees to carry same into effect.
The Treasurer was, on motion, granted further time to
complete his annual report.

The chair announced the death of Dr. Ira Russell,
Vice-President of the Society, and paid a tribute to his
high character and public services.

The President also announced the death of Dr. J. H.
Leveridge, and J. E. Mclntyre, Esq., formerly Secretary
of the Society, a young lawyer of promise who had
gone to California for his health, but who had recently
died in that State.

The chair also announced that he should offer a prize of
$100 for best essay on any subject within the domain of
medical jurisprudence. Competition to close November 1,
1889.
The Society then adjourned.

Frank H. Ingram, Assistant Secretary.

TRANSACTIONS. 487

FEBRUARY SESSION.

Presidency of Clark Bell, Esq.

Regular meeting of the Medico-Legal Society was held
February 13th, 1889, at the Buckingham Hotel. Min-
utes of the January meeting were read and approved.
The following persons were elected active members un
the recommendation of the Executive Committee. Pro-
posed by Clark Bell, Esq. :

Dr. F. J. Kinkead, Gal way, Ireland ; Dr. Connoly Nor-
man, Superintendent Insane Asylum, Dublin, Ireland ;
Hon. Edward Bermudes, Chief Justice Supreme Court of
Louisiana; E. M. Hudson, Esq., New Orleans, La.;
George D. Bradford, M.D., Homer, N.Y.; Daniel Clark,
M.D., Superintendent Insane Asylum, Toronto, Canada ;
C. Chase Wiley, M.D., Assistant Superintendent, Pitts-
burg, Pa.; Elon N. Carpenter, M.D., Superintendent In-
sane Asylum Amity ville, N. Y. ; Milton C. Gray, Esq.,
New York City ; Wm. James Parker, M.D., Nashville,
Tenn. ; Hon. Locke E. Houston, Judge First Judicial Dis-
trict, Aberdeen, Miss., and Harry W. Lewis, Esq., pro-
posed by Mr. Albeit Bach.

The paper of the evening was " Insanity as a Defence
to the Charge of Crime," by J. Hugo Grimm, Esq., of
St. Louis, Mo. It wa's read by the Secretary, Mr. Albert
Bach. On motion by unanimous consent the Society pro-
ceeded to the election of Vice Presidents. Dr. Kinkead
was selected for Ireland ; Dr. Daniel Clark for Ontario,
Canada; Dr. S. Bishop, of Reno, for Nevada ; Dr. Connoly
Norman was appointed Chairman of the Committee on
NationaUzation for Ii eland. The President laid before
the body a bill pending in the New York Legislature,
for the appointment of a Board of Lunacy Commis-
sioners.

4S8 TRANSACTIONS.

On motion the Chair was authorized to appoint a
committee to memoraUze the Legislature upon this
subject.

Mr. E. W. Chamberlain called the attention of the
Society to the cases of Mrs. Burrows and Mrs. White-
ling, recently condemned to death in Philadelphia, Pa.,
for homicides. He made a detailed statement of the
facts in the case of Mrs. Burrows. He moved the
appointment of a committee to investigate these cases
and report upon the following question : ' ' How far is
the insanity of to-day due to sexual causes ? " After
debate the motion was unanimously adopted. The Chair
announced the following committee : E. W. Cham-
berlain, Chairman ; ex-Governor Henry M. Hoyt, of
Philadelphia ; Dr. Alice Bennett, Superintendent Insane
Asylum, at Norristown, Pa. ; Dr. P. Bryce, Superintend-
ent of the Alabama State Asylum at Tuscaloosa, and
Dr. A. A. Rice, Superintendent of the Mississippi State
Asylum, at Meridian. On motion of Mr. Chamberlain,
the President was added to the committee. The Presi-
dent stated that one of the authors of the papers sent in
competition for the prize essays desired the manuscript
returned, the paper not having received a prize, or hon-
orable mention. On motion it was resolved that the
President be authorized to return the paper to the author.

On motion the Society adjourned.

Albert Bach, Secretary.

MARCH SESSION.

Presidency of Clark Bell, Esq.

March 13, 1889. — Society met at Buckingham Hotel,
President Bell in the chair.
The minutes of the February meeting were read and

TRANSACTIONS. 489

approved. The following gentlemen, proposed by Clark
Bell, Esq., were, on recommendation of the executive
committee, duly elected as

ACTIVE MEMBERS.

Thomas Dimmock, M.D., 46 E. 30th street, N. Y. city;
T. 0. Brewer, M.D., Monroe, La.; Dr. J. T. Steeves,
Supt. Insane Asylum, Frederickton, N. B. ; Otto V. Lee,
Esq., Clayton, Ala.; James E. Hawkins, Esq., Birming-
ham, Ala. ; Judge A. L. Palmer, Judge Supreme Court, St.
John, N. B.; Judge W. S. Ladd, of the Supreme Court,
Lancaster, N. H. ; Edward J. Doering, M.D., President
Medico-L^gal Society of Chicago, Chicago, 111 ; William
H. Mclntyre, Jr., Esq., 85th street and Boulevard, City ;
Judge George H. Sanders, Little Rock, Arkansas ; Dr.
Dewitt Webb, Jacksonville, Florida ; Sir John C. Allan,
Chief Justice of the Supreme Court of New Brunswick,
Frederic ton, N. B., and the following as

CORRESPONDING MEMBERS :

Prof. C. Luchini, Editor Revista Penale, Belogne,
Italy ; Prof. Brouardel of Paris, France, President
Medico-Legal Society of Fran ;e, was, on moti n of Mr.
Clark Bell, and on recommendation of Executive Com-
mittee, laianimously elected an Honorary Member.

The Chair then introduced Dr. Alice Bennett, Supt.
Pennsylvania State Hospital for Insane at Norristown,
who read a paper entitled Periodic hisanity among
Women, as illustrated by the case of Sarah .J Whiteling
and others.

The Chair stated that he had sent a copy of the brief
filed by Dr. Bennett with Pennsylvania State Board of
Pardons in the case of Sarah J. Whiteling condemned to
death, on March 27, to various prominent alienists, and had
received replies from Dr. W. W. Godding, Supt. Govern-

490 TRANSACTIONS.

ment Hospital at Washington, which was read by Dr.
Eben N. Carpenter. Dr. P. Bryco, Supt. Alabama State
Hospital for Insane, whieh was read by Prof. Thwing,
Dr. Rice, Supt. Mississippi State Hospital for Insane,
read by the President. Prof. J. J. El well of Cleveland,
which was read by Mr. Albert Bach. Dr. A. P. Reid,
Supt. Asylum, Halifax, Nova Scotia, read by M. Ellin-
ger, and others.

Discussion of the paper was then opened, and remarks
were made by Albert Bach, Dr. Lucy M. Hall, Dr. Elon
N. Carpenter, Mr. Moritz Ellin ger, Mrs. M. Louise
Thomas, Dr. Matthew D. Field, Dr. Elizabeth N. Brad-
ley, Dr. Peet, Dr. Frank H. Ingram, Mr. E. W. Cham-
berlain, the President, and the debate was closed by Dr.
Alice Bennett.

Dr. Peet was called to the chair and the President
made an address on the life, character and public service
of Prof. Francis Wharton, LL.D., Honorary Membei' of
the Society, recently deceased, and moved that a fitting-
memorial should be prepared and sent to the family of
the deceased, expressive of the sense of the Society over
the bereavement caused by his death.

The Society adjourned at a late hour.

Albert Bach,
Secretary.

DISCUSSION ON DR. ALICE BENNETTS

PAPER.

Washington, D. C.,3Iarch 2, 18b9.

My Dear Sifi: — I have your favor relatWe to the Whiteling case, and
Dr. Bennett's brief before the Penn. Board of Pardons in the same.

Of tbe individual case I know notliing beyond the newspaper state-
ments and tbe brief already referred to, but it is a fact well known to
everv one familiar with insanity that sexual disorder is a frequent cause of
insanity in women, and that the type of insanity depending on disordered
menstruation is emotional, often suicidal, sometimes homicidal.

TRANSACTIONS. 491

If, as Dr. Bennett intimates, hallucinations of bearing are present in
Mrs. Wliiteling, there can be no question of ber insanity.

Wbile the fact sbould r.ever be lost sigbt of tbat multitudes of women
suffer from ill bealtli witb disordered menslruation vvbo go tbrougn life
perfectly sane, and in cases of bomicide, indubitable demonstrable evidence
of mental alienation ought to be present before the individual is pronounced
insane, yet the studies of a lifetime among them have so impres.sed me with
the intimate dependence of the mental condition upon the physical state
that in any case where such unnatural crime as infanticide is shown to
be recurrent and associated with the menstrual period, in the absence of
any other observed evidence of insanity. I should prefer to say that I had
failed to discover evidence that undoubtedly existed rather than to pro-
nounce the woman not insane.

Very truly yours.

W. \V. GODDING.

Clark Bell, Esq , President Medico-Legal Society.

Alabama Insane Hospital, }
TusKALoosA, Ala., Feb. 24lh, 18S9. \

Clark Bell, Esq., New York City: —

Dear ^ir — I am in receipt of yours of the 19th inst , inclosing the news-
paper clippings describing the cases of Mrs. VVhiteling and Mrs. Burrows,
who are under sentence of death for murder. The facts, as recited in the
newspapers are, of course, too meagre to justify a positive expression of
opiuion as to the mental condition of these unfortunate wwmen, but they
are quite sufficient to raise a reasonable doubt of their sanity. In view
of the statements of the experts who have examined these women, it is
cleirly the duty of the Court of Pardons, or whoever has the authoiity,
to send Mrs. Whiteling and Mrs. Burrows to an asylum for the in.sane,
where they should be kept under expert observation until their condition
can be clearly ascertained. If insane, they shou'd be kept in confinement
until restored, and then only discharged by order of the Governor; but if
thev are not insane, they should be ivmanded to prison. This is the
course we pursue in Alabama. I can hardly believe that a great State like
Pennsylvania will permit the execution of persons who are known to be
insane. I am aware of the fjict that there has been recently a few notable
departures from this rule, and that a few men of high authority have been
found to justify such an inhuman procedure: but I am glad to say that the
consensus of opinion, both legal and medical, utterly oppose a return to
this barbarous practice.

I have met with many cases in my thirty years' care of the insane
of *he homicidal impulse in women at the climactric period of life,
and as a result of sexual irr-^gularilies in early life. A few years
ago, a lady of superior culture and refinement aged twenty-eight,
developed a species of homicidal mania two weeks after her marriage to
her second husband. She attempted the life of this husband, and suc-
ceeded in destroying with poison her two children by a former liusband.
She was sent here, and in three months was returned home perfectly re-

492 TRANSACTIO^S.

stored, and has since made a good wife and mother. I could cite many
similar eases if called upon.

I trust that your efforts in behalf of Mrs. Whiteling and Mrs. Burrows
will prove successful and that we shall hear no more in this humane and
euliiihtened age of the barbarous and disgraceful practice of condemni
the insane to death.

, . Very truly yours,

P. BRYCE, Supt.

East Mississippi Insane Asylum, )
Meridian, Miss., Feb. 20, 1889. f
Clark Bell, Esq. ; —

Dear Sir — Yours of the loth inst., with enclosed clippings from New
York papers, to hand.

While I, of course, know nothing of the merits of the case of either Mrs-
Burrows or Mrs. Whitelimr, yet from the information obtained from these
clippings, with reference to Mrs. Burrowb' case, I would say that on Its
face, it presents to my mind clearl}', one of insaniti/ of the emotional type.
While she may not have shown it in any other act, the one of trying to take
the life of her husband and herself looks as though it was the mad thought
of the moment, especially when we learn that she had conversed Treely with
her neighbors, yet had made no threat. Prevented from self-destruction,
she carries with her into the trial the weapon with which she hopes to
accomplish it, viz.: the withdrawal of the plea of insanity and the pleading
of guilty. Certainly no sane person would do this. An open att' mpt at
suicide before the bar of the court, and it is permitted. While I am no
lawyer, yet it does occur to me tha^- where a plea of insaniti/ is entered, it
should be provided for by law. that it must in every case be entered upon
oath, by some relatives, friends or attorney of the accused, and that no
power in such cases should rest in the defendant to withdraw such plea,
and that a trial should at once be entered into to test the question of sanity
or insanity, before entering upon the criminal trial, as is so often done in
habeas corpus cases, to test the right to bail. To ask an insane person to
answer " Guilty," or " Not Guilty,'' seems to me travesty upon criminal
jurisprudence.

I feel that it is the duty of the Medico-Legal Society to interp'^se for
mercy, especially in the case of jNlrs. Burrows, and Mrs. v\ hiteling. too,
if there are good reasons to suspect insanity, and I am of the opinion that
the Board of Pardons should be willing to have the case submitted to a
competent commission of experts for thorough examination and investi-
gation, and that such report as made by this commission should form a
part of the reasons for their action in these cases, before submitting
them to execution. To this end I think the Society should dilligently
work. C. A. RICE, M^.D.

Cleveland, March 11, 1889.
Hon. Clark Bell :

Your note just receiv*"d. Answer must be brief, the time allotted is so
short — the 13th inst. Can only submit my views in the form of proposi

TRANSACTIONS. 4^.3

tions, witlioiit argument or facts upou which they are basejl.flnd by which
they are supported.

I. liut one reason in any case where the penalty is death can justify
such extreme judgment, to wit, the protection of society — aalittt papitU su-
prema lex — to get rid of the criminal and as a warning to others is llie only
justification, not punishment but protection to the community. The general
protection of society is so inexorable that the law does not weigh nicely the
degree of intelligence or of mental strength in the individual offender. /)«
mimimvs non curtii lex is the ruin of law. If onl}"^ the well balanced minds
were held accountable, the courts might be abolished, and society left to de-
fend itself en masse. A rule of law must be dra«n somewhere, and no bet-
ter has yet been discovered than th** old well tried one, to wit : "A knowl-
edge of right and wrong." The old maxim applies here also : Omnis inno-
vaio plus novitaie pei'turbat, qtiain uttlilate prodesf. It is dangerous to
allow even judges to swerve from long estiblished precedent or waver ac-
cording to their own opinions on an old well settled principle of law and
decide such a case on their own judgment. He must declare the old law, not
make a new one, when the principle h'ls been long settled. Then there is
stability and the rule of law is understood. The wisdom of the law has es-
tablished a rule of law, in fixing responsibility in cases of murder. The
accused must know that his act is wrong and against law. This long acted
up')n and much assailed rule stands a breakwater against fine spun theories
of emotion in human responsibility for conduct affecting society. The
rule doubtless som^^times works injurj-^ to the individual for the general
good. Whst rule of law does not ? In the end, however, it works the
greatest good to the community to the greatest number. AVithout the rule
the courts would be at sea without sun or compass.

II. The rule of responsibility for crime being settled, a vastly important
question remains, and that is how is the question whether there
is knowledge of right and wrong to be deteimined as in the case in hand ?
Did Mrs. Whlteling have this knowledge at the time of the homicide ? If
she had not this knowledge, why not ? It is impossible to avoid the use of
the term insanity, yet its use adds greatly to the difficulty and confusion in
settling these questions on which the whole case hangs.

Insanity is a relative term of absolutely impossible definition. Language
can no more master it than it can the terms health, sickness, light, darkness,
heat, cold, good, evil, These are all relative terms. What is health to one
person is sickness to another. What is lisht under one state of facts, is dark-
ness under another. One person is coM when another is warm. An act
may be right under one state of facts and wrong under another. A condi-
tion of sanity in one person is insanity in another. What would be called
insanity in a man who had acted differently in his previous life would be
called his normal condition if such conduct has bt-en his uniform lule of
action. Hence the folly of relying upon or trying to define these relative
terms. No definition can be formulated that does not complicate any ca>e
of alleged tnity.

Each case of so-called insanity is sui generis. No two cases are ever ex-
actly alike, any mo'e than any two cases of sickness are preci.sely alike.
There are constitutional and a thousand other differences arising that render

494 TRANSACTIONS.

it necessary that each case should be judged by itself and compared with
itself. All aberration of mind results from malformation of brain or from
physical disease — generally from disease. It is impossible to express an in-
telligent opin-'on in a case of this kind without hearing or reading the
evidence. I see no peculiar difficulties or complications in her case that
do not arise in raosr of the cases where insanity is interposed as a defence.
The state of her mind at the time of the homicide must be compared with
that of her former self — with nobody else. A sudden or gradual change
from her former mental state indicates disease somewhere. Sexual disturb-
ance is a common cause of mental aberration— generally temporary in its
effects. Knowledge and intent being the essence of the crime, a physical
condition may have existed to such an extent as to totally obliterate the con-
dition of knowledge and intent, which condition the law renders a complete
defence. Here we see the necessity and wisdom of the old rule. The law
does not contemplate responsibility in such a case.

From tUe items of evidence you send me, and from the w^ell known fact
that the local trouble mentioned is a frequent cause of mental disturbance,
I am inclined to believe the defendant irresponsible for her act — the victim
of disease, and not able to discriminate between right and wrong.

III. This being her condition, how illogical and wrom: is the punishment
that Dr Bennett seems to be strug.-ling for. She as an expert and others
perhaps, prays for imprisonment for life ! She is guilty and should suffer
the extreme penalty of the law, or she is innocent and should not be pun-
ished at all, but cared for in the most skillful and tenderest manner until
restored to health — in the meantime simply restrained that she may not in-
jure herself or others. There is no middle ground. If the cause alleged
for her mental disturbance be correct, she may be expected to wholly re-
cover from her infirmity, as the function disturbed is a self-limited one, and
she is now near that limit, according to Dr. Bennett.

J. J. ELWELL, of the Cleveland Bar.

[

Nova Scotia Hospital for Insane.
Halifax, March 6, 1889.
Clark Bell. Esq. : —

Dear Sir — Your favor and enclosure received. Dr. Bennett's article is
well writ' en, but she tries to prove too much. Her plea is that a menstrual
wonau, especially if a little light-headed, can be guilty of no crime — even
murder — and of all the objections I have heard against women practicing
as doctors, I have never seen the objection so forcibly, and I believe
accuratelv put as she has done in her apostrophe to the powers that be.
She also enters a plea for a monopoly of mental derangement from sexual
causes, which I would vvish to grant, if it could be done without ignor-
ing the facts to the contrary. The sexual passions treat men pretty
roughly when there is easily deranged mental balance.

The friends are th3 worst enemies of Sarah Whiteling when they are try-
ing to force on her a life which she has forfeited to society — which if she
retains she will be unable to use — if imprisoned for life, and societ}"^ has in
that life a threat as well as a possible future calamity, such as has oc-
curred. Let her sleep. If a portion of the ability now I believe worse

TRANSACTIONS. 405

than wasted were expended in devising tlie best means for ridding
society from such murderers — sav by some metiiod of eutlianesia — it would
be better than carrying on the present agitation against ihnt inert mass
(the law, precedent and the judiciary its exponeni). I use the lerm inert in
a complimentary sense, for my experience has le! me to believe that
conservation or inertia, as shown in the history of law. has been of more
service to society than anything else — even the Idgh fees make it a luxury
that is indulged in with consideration by those who have anything to
loose, for tne reason that an essentially bad government, if stable, is
immeasurably superior to any form that vascillates, so is ihe fixture of law
and precedent of more benefit to society than a system that changes. For
a road that has deep holes and rocks and quagmires is a safe road: when
these never change their places we learn their location and avoid them, and
they are only as moles or blemishes on a woman's face — unsightly. We
may fill up the holes and change the appearance, but this may not be im-
provement— a smooth surface may have a treacherous foundation.

I don't think we can improve on the Christian religion, and I would like
the common law to be as fixed an entity, mistake or no mistake. However,
I think Dr. Bennett's enthusiasm has gotten ahead of her judgment.

With regard to the proposition, " in«^anity as the result of sexual causes,"
there is no room for argument. Causes of disease are predisposing or remote
and exciting or proximate. Insanity (if we exclude the paretic or general
paralysis and the traumatic insanities) has for remote cause either hereditary
or defective nervous organization which does not originate in thed sease we
call insanity, unless when lighted up by the exciting or proximate which
may be any one of, I may say, hundreds, of which sexual causes have no
more influence than very many others. It was believed that the sexual
system of females had much to do with causing insanity, but I have care-
fully looked over Dr. Bennett's reports and find that her experiejce corre-
sponds with that of superintendents in general, the female sexual system be-
ing a cause amongst others, but nothing special to be noted more than in
the case of men or the influence of any of the passions on a weakened nerv-
ous system.

But this subject is too wide for casual correspondence, and the time is
too limited to dwell on it more at length. Yours truly,

A. P. REID.

Mr. Albert Bach: Do you find, Dr. Bennett, as a result
of sexual causes, any particular organic change evinced
through an examination of the patient, w^iich would lead
you to the conclusion that this was an inducement towards
insanity ? I am of the opinion that nervous conditions
are the result of disorder of the body, and not to be con-
sidered as evidence of insanity, destroying knowledge of
right and wrong ; in other words, that a mere impulse

496 TRANSACTIONS.

should not be considered as an excuse for the perpetra-
tion of crime.

Dr. Lucy M. Hall : I have certainly been greatly in-
terested in what has been said here this evening, and it
is a subject to w^hich I have necessarily given some
thought, as at one time I was physician at the State Ee-
f ormatory for women in Massachusetts, and the question
of periodical excitement was one which I had considered
in the discharge of my duties towards these women. For
the sake of science and somewhat to satisfy my curiosity ,
I kept a tabulated record of the condition of women who
had been removed to solitary confinement as punishment
for outbreaks of violence (sometimes towards fellow pris-
oners, and sometimes to the officials in charge), knowing
well that they would be punished. I found that in thirty
cases there were twenty where women were menstruat-
ing at the time that these offenses were committed.
During my service there I found no woman who
was insane at that time. Dr. Eliza Mosher, my col-
league, who preceded me at the prison, told me of one
case there of absolute insanity — a young woman who
was perfectly sane during the interval, and became de-
cidedly insane during menstruation. From observation
it was found that insanity recurred at the menstrual
period and left her when the period terminated ; finally
she had to be sent to the Worcester Asylutn. Now, to re-
turn to my cases. I observed them in solitary confine-
ment, and I do not believe any one of them was insane.
I simply believe they were of a low grade of intellect and
allowed themselves to be swayed by their emotions more
than a woman of cultivation would have done, and al-
lowed themselves to commit these offences knowing they
would be punished. I found that by reasoning with them
and telling them that they must guard themselves and

TRANSACTIONS. 41»7

control themselves, there were fewer punishments
at this time. I have known women whose shoes were
too tight to become nervous and excited, and commit
offences, and there are a thousand things that will make
persons nervous and make them lose their balance, be-
sides the one under consideration. I must say that I do not
admire the tendency of scientific people, who are invari-
ably finding scientific reasons, such as heredity, inebriety,
and the subject under discussion, for all sorts of disor-
derly conduct, and we are in danger of arriving at a state
where we will hold no one responsible for his misdeeds.

Du. Elon N. Carpenter : My experience has been
somewhat limited in these cases I remember distinctlv
one case I have treated lately, a young girl, who is of
very respectable parentage and a very well educated lady,
who seems lucid at all times except during menstruation.
Then she wants to murder. That seems to be her one
idea. She has been at home from the asylum for two
weeks, and even two months at a time, and I have had
to keep a very close watch over her and keep her in con-
finement. I might be ab'e to give you some more care-
ful view of the subject later on, and would be glad to look
the matter up and write my opinion based on my experi-
ence.

Dr. Matthew D. Field : It is a question whether we
speak of the title of the paper or of the case. I do not
think that because Mrs. Whiteling was a woman and
menstruated that this should be construed as an excuse
for the crime.

The causes of insanity among men and women may
be different, and to certain causes women are more sus-
ceptible. In considering responsibility for such a crime
as that of which this woman is convicted, it is necessary
to review carefully the act itself, considering all causes

498 TRANSACTIONS.

and motives that may be of benefit or gain to the per-
petrator ; then too, the individuals who are killed, and
their relationship to the perpetrator.

For, when a person destroys those nearest and dearest
to self, insanity may be strongly suspected, for statistics
show that among the insane there are thirty suicides to
one homicide, and eight to one are murderers of those
who are naturally the nearest and dearest to themselves.
With many of the homicides of the insane suicide is
joined. I expect to testify to-morrow in the case of a
woman who poisoned her three children, two of whom
died. She was pregnant at the time, and in great want
and distress. After having considered the motive for
the crime it is just to look for physical and mental
causes, and to see if such causes are sufficient to account
for the act, or if the act be the natural outcome of such
mental and physical states.

In the case of Mrs. Whiteling it appears from the pa-
per of Dr. Bennett that sexual causes played only a small
part in the causation of this crime ; for though the three
crimes were perpetrated at three menstrual periods, and
this may serve in a measure to explain the time of the
commitment of these crimes, there are other and stronger
evidences of insanity. Women are more emotional than .
men, and are under a great nervous strain at the men-
strual period, during pregnancy, parturition and lacta-
tion and at the climacteric. ' One can see how insanity
with morbid impulses, suicidal or homicidal, may mani-
fest themselves at these times, owing to the nervous
strain and extra draught upon the vitality of the woman.

Yet, when we come to consider the statistics bearing
upon these points, we are unable to discover anything
important. While I can recall cases of insanity where
the manifestations were more pronounced at the men-

TRANSACTIONS. 499

stiual epoch, and of periodic insanity where the out-
bursts occurred at these times, nevertheless, I do not
believe that I have met more cases of periodic insanity
among women than men.

Dr. Field spoke at some length of the case of Mrs.
Lebkuchner, which presented some features similar to
Mrs. Whiteling's, which case will be repo ted in full by
him at the next meeting.

Mr. Bell : What was the date of the killing of the
children.

Dr. Field : I think the 21st of March, the next Tues-
day after the blizzard.

Mrs. M. Louise Thomas : I confess to a sense of im-
potency to treat with this subject, but the thought that
comes to my mind is, that the woman whose case has
been discussed in the paper read to us, is to be hanged
by the neck in fourteen days from to-day, and that our
conclusions on the matter may have some bearing upon
the case. For myself, without previous knowledge on
the scientific side of the question, I am disposed to accept
the judgment of Dr. Bennett and to endorse her conclu-
sions. I am the more disposed to do so because
those who followed her, even those w^ho seem to
disagree with her m some degree, really made her argu-
ment stronger. My friend Dr. Hall confesses that in
her experience she found it necessary to caution and ad-
vise the women under care to greater self control during
their periodical sicknesses. She found them liable to
greater excitement, and at times it became necessary to
place them in confinement. The last speaker. Dr. Field,
tells us that he believes that women are more subject to
morbid influences then than at other times. While he is
not willing to declare that they are always led to ex-
tremes, he does admit that they are more subject to

500 TRANSACTIONS.

morbid impulses. Now, as I understand Dr. Bennett's
paper, that is exactly what she says, that all are not
alike weak nor all strong, nor all good, nor all wicked,
but in the case of Mrs. Whiteling she is a woman of low
mental grade, and of very feeble character; that she was
friendless and alone ; that she did nurse her husband
through a long sickness ; that to the best of her capacity
she did care for her children, and there does not seem to
have been any quarrel in the case. I cannot imagine a
case where a woman would destroy her children; I could
a case of her husband, when he had ill-treated her and
became her enemy, but not her child. Why the lion,
the dog, or any of the brute creation will defend their
young. I do not believe any woman in her right mind
will destroy her child. Now that I may not be mistaken,
I have no scruples against capital punishment, and be-
lieve in standing in defence of the law, but in striving to
change the law if it is unjust. To an American citizen
obedience to the law should be the highest and first duty.
While I do not believe in capital punishment being the
best guard to society, as long as society considers it so
individuals have to accept it. I think ths sinful woman
should be just as amenable to the law as the man, and
the fact of the criminal being a woman and pitying her
on that account, 1 would certainly not offer that as an
argument to save the life of Mrs. Whiteling, but I think
the paper of Dr. Bennett has dealt fully with that. She
has come up as a suppliant to New York, and Ave as
scientists have a right to discuss the question in all its
bearings. Now, while there is only fourteen days before
the going out of this life, I wish the society would see
the great power in this paper, and realize that this gentle
lady has come and spoken for this woman with feelings
supeiior to the ordinary woman. Women are very

TRANSACTIONS. .">(>!

modesty and some might think that there was a breach
of modesty in bringing this forward as a case, but I
think not. The Board of Pardons of Pennsylvania
ought to hold over and give time to inquire whether this
woman was insane or suffering from insanity. The dig-
nity of the law cannot suffer from the delay. I would
like to see the Medico-Legal Society form itself into a
Board and go before the Board of Pardons and persuade
them to give this friendless woman a stay of proceed-
ings, that she might feel that there are hearts in sym-
pathy with her, low, degraded and wretched as she
is. I know that many men will declare against what is
called sentimentality, but if there is any ground of reason
for belief in this woman's insanity, I think it ought to
be strengthened and everything done to save her from
her fate.

Dk. Elizabeth N. Bradley : I would like to ask Dr.
Bennett when she speaks of affection of the heart, does
she mean enaemic or valvular disturbance {

Dr. Bennett : I was referring to organic lesion.

Dr. Bradley : I do not think that there should be a
separate law for women and one for men, and I do
believe that if a person commits murder, they should
suffer by the law of the country in which the murder
was committed. The Paris Medical School to which I
belonged for some years, has a habit of getting all the
bodies of criminals, and subjecting them to a microscopi-
cal examination. The body and the head separated by
the guillotin, a thorough examination, maeroscopical and
microscopical, is made of each. There was not long
ago a man named Pranini, who first killed a woman
for her jewelry, then murdered the maid and child.
They investigated his past life, which was one of wick-
edness and crime, and a pardon was refused. Why

502 TRANSACTIONS.

should a woman be punished less severely than a man ?
If we are to invoke physical lesion, certainly a person
born in the lowest scums of the city is not a moral being,
and from such persons we cannot expect a moral respon-
sibility. A man I know of, started out from a church,
where he had been praying, and met a priest who had
never done him the slightest injury, and killed him. Was
he accountable ? He was the child of drunken parents.
Either capital punishment exists in order to rid society
of people who are dangerous to it, or it does not.

Dr. Field : I just want to add that Mrs. Lebkuchner
has an ensemic murmur of the heart and a rapid pulse.

Mr. Moritz Ellinger : Perhaps I may be permitted
to express to Dr. Bennett the thanks of the Medico-Legal
Society for the very interesting paper which she presented
this evening, outside of its immediate interest. The
question discussed in the paper is one of the widest im-
portance. Are we to recognize as a fact that women are
so constituted organically that they cannot occupy the
same positions that require the same force and strength
that man must give in order to carry out his destiny ?
Woman has the tenderer body, although she is the
strength and purifier of society, and in treating woman
with tender care we should always think of them as the
weaker vessels. I beg to express my thanks to the
speaker before the last, Mrs. Thomas. She has presented
to my mind one of the strongest arguments in the case
of Mrs. Whiteling. The very fact that a woman des-
troys her own child is so unnatural, so abnormal, that in
my mind it at once establishes a strong presumption of
insanity. A woman of sound and normal mind is incap-
able of destroying her own offspring. Doing that estab-
lishes beyond a doubt a diseased mind, and in listening to
the case as presented by Dr. Bennett the belief grows

TRANSACTIONS.

503

stronger. I also agree that the Medico-Legal Society
should take some decided issue in the case; that it should
not be presented here merely for scientific purposes, but
for the purpose of sounding the whole question. The
men who are scientifically enabled to speak with author-
ity on the question ought to do so, not for this particular
woman, Mrs. Whiteling alone; not for the sake of sav-
ing a miserable life that has no friends in this world, but
to save the reputation of the great city of Philadt- Iphia
and the St ite of Pennsylvania, of saving the reputation
of humanity. We should not hang a person that is not
responsible, and to my mind Mrs. Whiteling was insane
at the time she committed the crime, therefore should
not be executed, for it would be a disgrace to our civil-
ization, and for that reason the Medico-Legal Society
should come forward.

Dr. Frank H. Ingram : I would offer a word of dis-
sent from Mrs. Thomas in regard to the killing of chil-
dren by the mother. It is not always an evidence of in-
sanity, not any more so than killing of a son by the
father. Generally, the mother has the greater affection,
and it is to her credit. A great many of these women
have none of the trials attending child-birth. I have
known women to have three, four and five children and
think no more of it than hanging out a washing. I
think this is no evidence of insanity. I think as far as
sexual excess is concerned it may produce insanity. I
have had over four thousand females in my charge, and
for two years of that time I made it my business to see
what effect menstruation had on them, and I found that
in a great many of the cases the period preceding men-
struation was the one in which the mental disturbance
was most pronounced. It is well to call attention to tlie
fact that in many women of poor nourishment, and where

504 TRANSACTIONS.

insanity has existed, we find that during the period of
menstruation » and before, a marked change will take place
in the Httle bloodvessels and in the regions about the ear
penetrating the brain and producing the peculiar sounds
spoken of and hallucinations, and it depends almost
wholly on the conduct of the nerves about the time of
menstruating, preventing activity, and the slowness of
hearing is most marked at this time, and the muscles
arising from them would be more disturbed at that time.
President Bell called Ex-President Dr. Peet to the
chair and said : To-morrow the Board of Pardcms meets
in Harrisburg to further consider the case of Mrs. White
ling. On the 20th of February last they first considered
it. A committee appointed by the society were represented
before that Board, and a strong argument was presented
by Dr. Alice Bennett and by Mr. E. W. Chamberlain, the
chairman of that committee, who went there at my solic-
itation, and was heard before that Board. The law of
Pennsylvania differs from that of New York in that the
power of pardoning is not vested in the Executive. The
caso of Mrs. Burroughs is not yet before that Board.
There has been no death warrant signed in her case. In
Mrs. Whiteling's case the death warrant is signed for
March 27th, 1889. Dr. Bennett and Dr. Bradley do not
differ on the case. Dr. Bennett would be the last person
to excuse any one for crime, if she did not believe them to
be insane. In the case cited by Dr. Bradley there was
no plea of insanity offered, and insanity did not exist.
If this woman was not insane she should suffer the pen-
alty of the law. I hesitate as to our duty, because I am
under the impression that the Board of Pardons are about
to decide the case, not to set the woman free, but to give
her a commutation of sentence to imprisonment for life.
That would enable careful observations to be made, and

TRANSACTIONS. 505

then future action could determine her responsibihty
before the law.

When Dr Goddings saw that hallucinations existed,
he sustains the conviction of Dr. Bennett that insanity
does exist. I yesterday wrote the Governor of Penn-
sylvania asking him to consider the propriety of giving
a leprieve for a time,, in case the Board of Pardons re-
fused to commute her sentence, to enable him to call to
the aid of the executive mind and the pardoning power,
the most distinguished men of Pennsylvania, who could
examine carefully and faithfully, a-nd diagnose the case
of the unfortunate woman, and see whether she was res-
ponsible for the act; and this was in the interest of the
commonwealth of Pennsylvania, more even than of Mrs.
Whiteling, for, as it has been stated, it is a question
which not only the eyes of both cities, but the country
are regarding. The woman says she has no desire to
escape death. Whether she should be executed or not
should only be determined by the facts of the case, look-
ing towards whether they establish insanity. I ventured
to suggest to the Governor that in cases where doubt
exists, to satisfy it by asking eminent alienists to
examine the case, and if need be, keep her under observa-
tion, and I begged of him to do so, if that emergency
presented itself. I preferred not to wait until to-day, be-
cause of the immediate pressiue of the case, and of
the environment which surrounds this unfortunate, and
because I did not then know that the Board of Par-
dons had not yet acted. I have been deeply interested
in the paper, and very greatly interested in the subject
itself. There is another duty before us— to contri-
bute our quota of sorrow at the death of one of the able
honorary members of the society, Dr. Francis Wharton,
LL. D. I will now ask Dr. Bennett if she will close the
discussion.

506 TRANSACTIONS.

Dr. Bennett : I do not feel like taking up any more
time of the society, but it is my duty to answer any
question that I can. In answer to Dr. Field's question
as to the relation of these crimes to the menstrual peri-
ods : The last period, previous to the tragedy, occurred
in February. The dates of the crimes, March 20th, April
20th and May 22d, represent to my mind the periodical
effort of nature to re-establish the interrupted function.
I can give no satisfactory answer to the question put by
the secretary, Mr. Bach.

Mr. E. W. Chamberlain : I endorse the paper which
has been lead this evening. I wanted to get to some
possible means of reaching the cause which produces
murders and cruelties of this kind. It is not merely a
question of punishment and mercy to an individual ; it is
not merely a question of the application of the law to a
particular case; I want to go somewhat deeper than that,
and I think the information that I want to put before
the country generally has been appreciated. I have re-
ceived a number of appreciative letters from a good
many sources, and I might say further that I have pre-
pared a series of questions that are to be submitted to
alienists, f jamed upon the suggestion of all the commit-
tee, and I am hopeful that the answers that will come to
this question will result in some permanent benefit, look-
ing to the removal of morbid conditions of this kind.

JOURNALS AND BOOKS.

American Statute Law in force 1866, by Fred. J. Stimson, Esq. CharleH
C. Soule, publisher, Boston (1886).

This is a work of nearly 800 pages, to digest and compare the Statntes of
all the States of the Union, the then eight Territories, and the District of
Columbia. Part 1. Trials of State Constitution, with careful classification
of the Bills of Rights ; political provisions. Part 2. Trials of private civil
law, both as to real and personal property; law of contracts and the natural
relations of persons. The work is ambitious in thus attempting to grasp
all these subjects in a single volume. To the subjects of which the work
treats the author has brought great learning and study, and the labor is one
for which the profession may well thank Mr. Stimson. It is no slight task
to take, up any one subject of law and examine it from the broad standpoint
of this work, but when this examination extends over such a broad cla.s8 of
subjects we can see how convenient it is to the general practitioner anxious
to see what the laws of various States are upon a given subject.

A supplement has been added January 1, 1888, which brings the work
down to that date, and an analysis of the new codes and revisions adopted in
Connecticut, Nevada, Alabama, Idaho and Wyoming since the first edi-
tion appeared. We think the bar generally will be under obligations to the
author for the learning and research everywhere displayed in the work.
Conklin's Handy Manual and World's Atlas, land and sea. Chicago,
111., 1888.

We do not recall a pocket edition of any book containing so much and
varied information of a statistical, geographical and commercial character
as this little book.

Alfred Binet who has a great name as a student of psychology, micro-
organisms, has of late attracted considerable attention by his work. " The
Psychic Life of Micro Organisms. We thank Mr. McCormack for a trans-
lation of the brochure into our language.

Electricity in Diseases of Women. By G. Betton Massey, M. D., F. A.
Davis, publisher, Philadelphia, 1889.

Dr. Massey's book treats of the proper apparatus for the correct applica-
tion of electricity to gynaecology, and is filled with experimental illus-
trations. He treats of various currents, the Faradic, the Franklin and the
incandescent light current as used medically.

We think his chapters on treatment of fibroid tumors, uterine hemmor
rhage, chronic endomebritis, subinvolution and uterine displacements val-
uable to the profession. Its relation to Forensic medicine is not discussed,
but it must have an interesting future.

Guy's Hospital Reports, 1888. J. & A. Churchill vt Co.. London, pub-
lishers.

This is thft 45th volume, being volume 30 of the ihird series, and is up to

508 JOURNALS AND BOOKS.

the previous standards. G. H. Golding Bird contributes an interesting
paper on the treatment of scoliosis by Sayers' method; a family history
of digital deformities by W. S. Montgomery-Smith is very interesting.
Materia Medica, Phahmacy akd Therapeutics. By Cuthbut Bowen,
M.D., F. A. Davis, publisher, Philadelphia, 1888.

The work's chief value is in therapeutics, of which practitioners will find
. it a reliable handbook.
Transactions Mississippi State Medical Society for 1888.

Dr. A. B. Holder contributes a paper on " Post-Mortem."

University op Nebraska.

Prof. Fraik S. Billings has contributed an elaborate work of 425 pages on
the " Swine Plague." Also a brochure by the same author on " Southern
cattle plagut^ and yellow fever from the etiological and prophylactic stand-
points.'' These are profusely and elegantly illustrated.

Prof. Billings is the director of the Patho-Biological Laboratory of the
University, and has devoted his best work to these fubjec's. The thanks of
scientists are due him for these valuable contributions to sci»^ntific research
as to causes of diseases in animals. Prof. Billings also replies to D. E.
Salmon on " Swine plague and hog cholera," in a manner that leaves very
little to be said on this subject.

The Insane in Foreign Countries, By Wm. P. Lechworth. G. P.
Putnam's Sons, 1889.
This very valuable and interesting work comes to us too late for review
in this number, we shall review it in our next.

BOOKS, JOURNALS AND PAMPHLETS RE-
CEIVED.

WoLFRED Nelson, M.D. — Cuba and Yellow Fever. The Isthmus of
Panama and Contagious Diseases.

Harold P. Brown, Esq. — Comparative Danger lo Life of Electric
Currents.

S. B. BucKMASTER, M.D. — Illustfious Insane. First, Second and Third
Biennial Report of Wisconsin State Hospital.

American Association of Accountants. — Constitution and By-Laws
and list of members (1888).

St. Louis Pdblic Library. — Annual Report for 1887 and 1888.

LuciAN PuscH. — Spiritualische Philisophie is E rweiterter Realismus —
(Liepzig) 1888.

H. J. Garrigues, M.D. — Germeinvers. Taendliche Vortrage. Der
Scheintod, 1889.

G. P. Conn, M.D.— Report Health Department, Concord, N.H..1888.

Dr. Angel M. Alvarez Taladriz — Defensa Arcadia Valentin, Mad-
rid. (1889).

Edward Payson Thwing, M.D. — Psychological Studies; Their Scope
and Utility.

'^D.fJIrB^B^Kr"'' \ -Medico-Lega.AspecU of Injuries to

Spinai Cord. (1888).

Dr. Henry L. Leyman. — Railway Injuries to Spine. (18S8).

Albert R. Bakek, M.D. — Opcuing Address Wooster University.
(1889).

General Wm. W. Averell. — Report on Soldiers' Homt'S. (1889).

Theo. W. Fisher, M. D. — Fiftieth Annual Report Boston Lunatic Hos-
pita,l.

Elbridge T. Gerry.— Manual of the N. Y. Society for the Prevention
of Cruelty to Children.

MAGAZINES.

The Alienist and Neurologist commences its tenth volume with Jan-
uary number. It maiulains its high standard, and is the leading American
journal in its field of study,
Archives de L'Anthkopologie Criminelles: —

Drs. Henri Coutagne and Florence contribute an interesting and very
valuable paper on the medico-legal value of footprints as evidence in crim-
inal trials. They examine the subject historically and urge: —

1. The preserv^ation of the footprint itself as very important as evidence
on which to convict,

2. The reproduction of the same by photography, careful measure-
ments, casts and drawings, &c., &c.

3. The reproduction of the object of which it is sought to establish the
footprint.

4- A comparison of the reproductions with those in question.
The Journal op Mental Medicine, January number, 1889.

Dr. F. M. Sandurth gives a description of the Lunatic Asylum at Cairo,
Egypt, in 1888

Dr. J. Hughlings Jackson, a paper on Post Epileptic Slates.

Dr. Jas. C. Howdin describes the new hospital at the Montrose Royal
Lunatic Asylum.

Dr. D. Hack Tuke discusses boarding out Lunatics in Scotland.

Dr. William Julius Mickle, a paper on " Antifibria in Pyrexia.*'
Annales Medico-Psychologiques: —

This journal is conducted by Dr. Baillarger, Home Physician of Sal-
petriere, and Dr. Ritti, Physician at the National Home at Charenton.

The Collaborators, or Committee in Editorial Charge of the journal,
are: —

Dr. Christian, Superintendent at Charenton.

Dr Constans, Inspector-General of Asylums.

Dr. Dagonet, Superintendent at St. Anne.

Dr. Jules Falret, Superintendent at Salpetriere.

Dr. Lamaes're, Honorary Physician at Asylum of Ville-Everard.

Dr. Motet, Ex-President Society Medico- I'sychologiques.

Dr. Voisiii, Physician at Salpetriere.

It has been established since 1813, and has completed six series contain-
ing seventy volumes, and is now in its seventh series, and publishes six
numbers each year.

American Journal of Psychology. — The February number contains a
very interesting paper, by Dr. Fred. Peterson, entitled "The Autobiography
of a Paranoic."

The North American Review. — Dr. Sarah E. Post contributes to the

MAGAZINES.

511

April number an interesting arti(;l(! on "Thought Transfcrn'ncc," and Dr.
W. S. Searle one on the " Idiosyncrasies of Alcohol," Tlie number other-
wise is exceptionally good.

The Eclectic — Prof. Huxley s arti(;le on " Agnoticism " is reproducwi
from the Nineteenth Cen^wj-y, occasioned by the learn(;d principal of Kings'
College address at the Manchester Ciuirch Congress last (October. Col.
Robert Ingersoll makes this prelate's remarks also the text of a trenchant
essay in the April North American Review, entitled " Huxley and Agnos-
ticism."

ScRiiJNEu's Magazine, — Dr. Thomas Durgtel contributes a paper on the
" Anatomy of the Contortionist," to an exceedingly interesting April num-
ber,

LipriNCOTT's Magazine has the attraction of a (•oini)lete story by Amelie
Rives, with its usual array of readable articles.

ALBERT BACH, Esq., A. B. LL. B.

The Secretary of the Medico-Legal Society, Mr. Albert
Bach, whose portrait we give in this number, is one of
the rising members of the Junior Bar of the City of
New York.

Born in the City of New York on December 28, 1854,
he was educated at the College of the City of New York,
where he graduated with honors in 1872, at the early
age of 18 years, taking the senior prize for elocution.
He graduated at Columbia College Law School at the
age of twenty, which gave him admission to the bar before
his majority, where he commenced the practice of his
profession in New York City, where he has since resided.

Mr. Bach takes an interest in Forensic medicine and
in the success of the Medico-Legal Society, of which he
has been Secretary since January, 1886.

He is a close student, a fluent, ready and forcible
speaker, and is an active, influential and able member of
the body, and of the bar of his native city.

Mr. Bach is an accomplished linguist, familiar with
the French and German languages, and has done good
work in the Medico -Legal Society by his translations of
the leading German writers.

Froui Harper's Weekly.

CopyriKht, 1^S^ by Harper * Hr.>fh»r«.

JOHN M. CARNOCHAN, M. D.

DR. JOHN M. CARNOCHAN.

Dr. Carnochan was born August 4, 1817, in Savannah,
Ga. His family were Scotch, and he was educated at the
High School in Edinburgh, where, after graduation, he
entered the Medical University, and took the degree of
M.D.

He was the favorite pupil of Valentine Mott. After his
return from Scotland, in IS-tl, he entered le Ecole de
Medicine, of Paris, where he remained six years, receiv-
ing instruction from the most eminent men of the French
capital. He was a pupil of Brodie, of Civale, Lefranc,
Eoux and Velpeau.

In 1847 he returned to New York and commenced his
career as a Surgeon, which has been second to none upon
our Continent ; his brilliancy of operation, delicacy and
facility of touch, won for him great renown at home,
and the fame of his original operations extended to the
capitals of the Continent.

Dr. Carnochan was in charge of the Hospital for
Immigrants, at Ward's Island, from its establishment
in 1850, for many years. He was Health Officer at the
Port of New York for two years, appointed by Governor
Hoffman. He was the author of "A Treatise on the
Etiology, Pathology and Treatment of Congenital Dis-
location of the Head of the Femor," and since 1877 has
been publishing his '' Contributions to Operative Sur-
gery," being examples from his practice for the past
thirty years. He was engaged upon this work at the
time of his death.

He contributed a paper to the Medico-Legal Society

614

JOHN M. CARNOCHAN, K. D.

entitled ' ' Cerebral Localization in Relation to Insanity, "
which awakened extended discussion, and was an inter-
ested participator in the discussion of questions before
the body. He was chairman of the Permanent Com-
mission of the Medico-Legal Society, President of the
Medico-Legal Journal Association, and Vice-President
of the Medico-Legal Society at the time of his death.

He was a great student, a lover of forensic medicine,
and was for years Professor of Surgery in the Medical
College of the Universitv of New York.

The medical profession, American surgery and For-
ensic medicine sustained a great loss in his death.

He was the Nestor of American surgeons, and may
well be ranked as one of the famous surgeons of the

world, at the moment of his death.

CONSTITUTION AND BY-LAWS

THE MEDICO-LEGAL SOCIETY

OF THE CITY OP NEW YORK.

CONSTITUTION.

ARTICLE I.
Section 1. This Association shall be knowQ as the Medico-Legal
Society.

ARTICLE II.

Sec. 1. There shall be three classes of members in this association, viz :
Active, Corresponding and Honorary.

Sec. 2. Any person in good standing in either the medical, chemical o^'
legal professions in the United States, and scientists, recommended by any
member of either of said professions, respectively, after consideration ^f
the proposal for membership by the executive committee, if recommended
by the executive committee, shall be eligible to Active Membership.

Sec. 3. Any member of the medical, chemical or legal professions residing
outside the city of New York, and scientists, recommended by the executive
committee, shall be eligible to Corresponding Membership.

Sec. 4. Physicians, chemists and lawyers, of recognized eminence in their
respective professions, and scientists shall be eligible to Honorary Member-
ship, if recommended by the executive committee. Any person so elected
may be removed from.siich membership upon the recommendation of the
executive committee. Such roll of honorary members shall not contain
more than forty names, of persons so selected, and the number shall no*, in-
clude more than twenty from either of said professions of medicine, chem-
istry or the law.

Sec. 5. The society may remove any honorary member upon recommend-
ation of the executive committee.

Sec. 6. Any person contributing one hundred dollars in cash, volumes or
library furniture, accepted as such by the library committee, shall be thereby
constituted a life member of the society. A like contribution of two hun-
dred and fifty dollars shall constitute the donor a patron of the library.
A like contribution of fivo hundred dollars shall constitute the donor one
of the founders of the library.

ARTICLE III.

RIGHTS AND PRIVILEGES.

Sec. 1. Active members only whose dues shall have been paid for the
year preceding shall be eligible to nomination or election to otUcc, or en

516 CONSTITUTION AND BV-LAWS.

titled to vote. All other rights and privileges shall be equally enjoyed at
the meetings of this association.

Sec. 2. Honorary and corresponding members may have the printed
transactions of the association delivered to them upon payment of one-
half the sum of the annual dues of active members. The annual dues of
members residing outside the State of New York shall be two dollars.

ARTICLE IV.

OFFICERS.

Sec. 1. The officers of this society shall be a President, two Vice-Presi-
dents, styled first and second respectively; a Secretar}', an Assistant Secre-
tary, a Corresponding Secretary, a Treasurer, a Librarian, an Assistant
Librarian, a Chemist, a Curator and Pathologist, and six Trustees.

Sec. 2. The Society may also elect at the annual meeting, or at any meet-
ing called for the purpose, at least one Vice-President for each State aud
Territory of the Union, or for any state or country having active members
therein who shall ex-officio be members of the executive committee.

ARTICLE V.

DUTIES AND PRIVILEGES OF OFFICERS.

Sec. 1. The President, or in his absence the vice-presidents in their order,
or in their absence a chairman pra tempore, shall preside at all meetings,
and such presiding officer shall perform all the duties connected with such
office. The President shall be ex-officio member of all committees.

Sec 2. The Secretary shall keep the minutes of the proceedings of the
meetings of the society, and of the executive committee, and at the stated
meetings of the society, he shall collect and give receipts for the fees and
dues of members, in the absence of the treasurer ; and he shall pay over
the sums so collected to the treasurer, as soon thereafter as practicable,
giving the name or names of those having so paid, therewith, to said
treasurer, and take a receipt from the treasurer therefor ; and, in addition
thereto, he shall notify officers and members of committees of their election
or appointment, and members-elect of their election ; certify official acts
and procure and sign with the president certificates of membership, and
deliver the same to new members ; and perform such other dutiies as are
usually connected with the office of secretary.

Sbc. 3. The Assistant Secretary shall keep a list of the active members,
issue the notices of the meetings, and in the absence of the secretary
perform his duties hereinbefore specified.

Sec 4. The Corresponding Secretary shall conduct all the correspondence
of the society, except that with active members.

Sec. 5. The Treasurer shall attend at all meetings to collect the fees and
dues of members and give receipt therefor, personally or by aid of the
secretary as hereinbefore specified ; and he shall have charge of all moneys
so collected, belonging to the society, and deposit the same in the name of
this society, pay all expenses incurred by the society, by and with the con
sent of the executive committee ; and he shall present an account of the
moneys so collected and deposited, and expended, with the items of deposits
or of expenditure, for the month preceaing, at every meetin.ij of the

CONSTITUTION AND BY-LAWS. 517

executive comniittee ; and lie shall report tbe miiuber of memlKTs in tho
society, up to the date of said report, witli tlie number of those in arrears,
with the respective sums due from each, at least once in three months, or
oftener if so required by said executive committee ; and upon the last
stated meeting of the society of tlie current year, he shall make his
annual report to the society at such meeting ; and state the amount of
money on hand at the commencement of said year ; the amount received
for dues from members, and for initiation fees from members elect, during
said period, and the names of jiersons who had been so elected, who had
failed to pay such fees and dues ; and the names of members who are then
in arrears for dues, with the amount so due from them respectively, at the
date of said report ; and he shall add thereto such recommendations in re-
gard to improvements which can be made to facilitate the transaction of
the business of his office as lie may deem beneficial.

Sec. 6. The Librarian shall preserve, and hold accessible to members of
the society, all its written and printed contributions contained in the library,
and report tbe condition thereof at the stated mee:ing of the society, prior
to the meeting for the general election.

Sec. 7. The Chemist shall have charge of all the business of the society
relating to chemistry ; and he shall make his report upon the matters of
such description which have been brought before the society during the
year, with his recommendations in regard thereto.

Sec. 8. The Curator and Pathologist shall have charge of all patliological
specimens offered to the society, and prepare the same for exhibition ; and
upon the direction of the society or of the executive committee, he shall
take proper means to preserve such specimens as possess Medico-Legal
merits, for the benefit of the society, and make an annual report in regard
thereto.

Sec. 9. The Trustees of the society shall have charge of the general busi-
ness management and financial transactions which shall affect tie welfare
and standing of the society ; and they shall receive all property belonging
to the society, and deliver the same to the proper officer of the society as-
signed to have charge of the same ; and said trustees shall exercise a gen-
eral supervision over such property, for the preservation of the same, and
make and retain an inventory thereof, for the use of the society ; and a" the
annual meeting said trustees shall make their annual report to the society
to show the condition and value of such property-, and the increase or de-
crease in such value, together with a description thereof, and as to the
value thereof at the last annual report, and the valueof all additions thereto,
with a description thereof, sinc<i such ptior annual report ; and saiii trus-
tees shall perform all other proper duties usual to the office of trustees of
similar societies.

Sec 10. It shall be the duty of every officer or trustee of the society to
attend at every meeting of the society and of the executive committee ; and
any officer or trustee who neglects to so attend, and who shall absent him
self from two of such consecutive meeting, without sending a notice in
writing of intended absence, shall be deemed to have vacated his office
thereby, and a notice of such vacancy shall be thereupon published at said
second meeting ; and the said office shall be filled by election at the next

5 1 S CONSTITUTION AND BY LAVv^S.

stated meeting, for the balance of the term of such officer, unless such
otticer is excused by the society or executive committee.

ARTICLE VI.

THE SrANDING COMMITTEES.

Sec. 1. The officers and trustees of the society shall constitute an Execu-
tive Committee, which shall meet at least once in each month, prior to
stated meetings of the society, to consider and transact such business as
shall be transmitted to them by the society.

Sec. 2. The ex-presidents of the society, while they attend the meetings,
and remain in good standing as active members of the. society, shall be ex-
officio members of the executive committee.

Sec. 3. The society may appoint or provide for the appointment of stand-
ing committees for iis business and work, but not to conflict with any power
or duty now therein vested in any committee ; a majority of each committee
shall constitute a quorum. The president of this society shall be ex-officio
member of all committees.

ARTICLE VII.

PERMANENT COMMISSION.

Sec. 1. The organization of a Permanent Commission may be provided
for and continued by the society.

ARTICLE VIII.

TRUSTEES.

Sec. 1 . There shall be six Trustees chosen equally from the medical pro-
fession or chemists and the legal profession, two of whom shall be chosen
annually for three years ; and in the case of a vacancy occuring, the same
shall be filled for the unexpired term by an election from the profession to
which said office belonged.

ARTICLE IX.

ELECTIONS.

Sec. 1. All elections shall be determined by a majority of the votes cast
for the office to be filled thereby. All officers shall be selected equally as
near as practicable from the medical profession or chemists and the legal
profession.

Sec. 2. Elections of new members shall be decided by requiring at least
two-thirds of the votes of members present at a stated meeting, voting by
ballot, in favor of such election, unless the society order otherwise.

ARTICLE X.

AMENDMENTS — HOW MADE.

Sec. 1. Amendments may be made to this Constitution, after having been

proposed in writing, at least one month prior to the stated meeting, when

the same shall be called before the society to be voted upon, after the same

shall have been recommended by the executive committee. A majority vote

of the members present shall be necessary for the adoption of such

amendment.

ARTICLE XI.

BY-LAWS.

Sec. 1. By-laws for the regulation of the business of the society may be
prepared and adopted by the society.

CONSTITUTION AND BY-LAWS. 519

BY-LAWS.

ARTICLE L

MEETINGS AND QUORUM.

Sec. 1, Stated meetings of the society shall be held once in each month,
except in July and August, on such day as may be designated by order of
the society or executive committee ; and special meetings at the time fixed
by vote or by the executive committee. The president may cull special
meetings and he shall do so upon the request in -vrriting of ten members.

Sec. 2. Stated meetings shall begin at eight o'clock, p. m., or as soon
thereafter as a quorum is assembled ; and special meetings at the hour des-
ignated in the call therefor.

Sec. 3. Ten active members shall constitute a quorum for business before
the society.

Sec. 4. Five members of the executive committee shall constitute a
quorum for business before such committee, and a majority of all other
committees.

ARTICLE II.

ADMISSION OF MEMBERS.

Sec. 1. The names of candidates shall first be referred to the executive
committee. If reported upon favorably by said committee, they shall be
ballotted for at the time the report is made, or at some subsequent slated
meeting. Two-thirds of the vote cast shall be necessary for an election to
membership.

Sec. 2. Every active member-elect shall sign the Constitution, or a formal
acceptance of membership, within three months after notice of his election ;
and in default thereof, said election shall be deemed void.

ARTICLE III.

FINANCIAL AND ETHICAL REQUIREMENTS, AND VIOLATIONS THERKOF.

Sec. 1. Each active member shall pay an initiation fee of five dollars,
which, with signing the constitution, or acceptance of membership, shall
entitle him to a certificate of membership of the society.

Sec. 2. There shall be an annual assessment of, and memlwrs shall be re-
quired to pay four dollars, unless otherwise regulated by the society. iiut
any member may commute such annual assessment by the payment of
thirty-five dollars at one time, which shall exempt him from annual assess-
ments for life, although he shall still be liable for his qm)ta as a meral)er
for any extraordinary assessment which the society may think proper to
order.

Sec. 3. Any active member who shall neglect to pay his dues or assess-
ments for six months shall be notified of the fact by the treasurer ; and
should he for three months after such notice neglect or refuse to pay, a
penalty of ten per cent, shall be added to his said dues, and the same ba

620 CONSTITUTION AND BY-LAWS.

collected therewith ; and upon his continued refusal to so pay, his name
s;):ill be stricken from the roll of members of the society in one month
thurcafter.

Sec. 4. The ethical rules of the society shall be the same as those govern-
ing the medical and legal professions generally.

Sec 5. Charges against members shall be made in writing, encloseil in a
sealed envelope, and referred to the executive committee under such seal.

Sec. 6. In case of charges being so made, and the committee shall think
that the charges are of so grave a nature as to require an answer thereto,
copies of the same, under seal, shall be served upon the accused, and he
shall be cited to appear before the said executive committee, and required
to answer the said charges, at a meeting to be held not less than fifteen
days from the time of serving such notice ; and such member may be sus-
pended from his rights as a member, pending such examination by said
executive committee.

Sec. 7. After due examination, the said committee may acquit, admonish,
or recommend the expulsion of such delinquent ; or it may suspend him
from a participation of the privileges of the society for a period of not ex-
ceeding three months thereupon.

Sec. 8. If the committee shall think the member ought to be expelled
from the society, it shall b^ its duty to report the charges, and the evidence
supporting the same, to the society, for action thereupon.

ARTICLE IV.

THE PUBLISHING COMMITTEE.

Sec. 1. All papers read before the society shall be referred to the Com-
mittee on Publication, consisting of the president, secretary and librarian,
for consideration as to their merits for the advancement of Medico-Legal
science, with power to publish the same, if they shall consider the same
proper, for the information of the members of the society.

ARTICLE V.

TIME OF elections — VACANCIES.

Sec. 1. The annual meeting for the election of officers and trustees shall
be held in December in each year, and the election shall be made by ballot
at the said December meeting, nominations having been made therefor at
the preceding stated meetings as follows : The assistant secretary shall,
at least two weeks before the annual meeting, forward by mail to every
member entitled to vote and not in arrears for dues, a membership list
with a list of members and a ticket printed in blank for the various offices
to be filled, also a blank envelope addressed to the assistant secretary.

Members entitled to vote shall fill up the blank ballot and return the
same to the Assistant Secretary by mail or otherwise under seal.

At the annual meeting the assistant secretary shall deliver the said
envelopes to throe tellers to be named by the president, who shall proceed
at once, in the presence of the society, to count the votes of the said bal-
lots and announce the result to the society. Each election list and envel-
ope sent shall be separately numbered and a duplicate list kept by the
assistant secretary.

CONSTIJUTION AND BY-LAWS.

521

In case no choice is made by the Haid vote, counted and anaonnced by
the tellers for any office, the same shall he filled by a vote by the society,
by ballot.

Any member shall be entitled to receive his election list and vote at any
time before the polls are actually closed, on payment of all arrears or dues,
if in good standing.

Sec, 2. Vacancies can be filled at any time by a special election, at any
stated meeting, nominations having been made and announced in the same
manner as required for annual elections.

Sec. 3. At the meeting next succeeding the annual meeting, no business
shall be transacted except the reading of the minutes, the report of the
Executive Committee, the election of proposed members, and the ad-
dresses of the retiring and newly-elected presidents, unless the Society
shall otherwise order.

ARTICLE YI.

ORDER OF BUSINESS.

Sec. 1, At the meetings of the society the following shall be the order
of business: —

1. Calling the meeting to order.
Reading the minutes.
Payment of dues, fees and fines.

Reports of Executive Committee, and election of proposed members.
Reports of Special Committees.

6. Reports of Permanent Commission.

7. Reading the Paper of the evening.

8. New business.

9. Unfinished business.
10. Adjournment.

Sec. 2. In relation to the order in which business shall be conducted
in the society, the following shall be the order of precedence in which the
same shall be presented by the president for consideration.

1. Motion to adjourn.

2. Motion to lay on the table.

3. Motion for the previous question

4. Motion to postpone to a day certain.

5. Motion to send to a committee.

6. Motion to amend.

7. Motion to postpone indefinitely.

8. Motion for special business.

9. Motion concerning questions of order.
10. Motion to suspend ihe rules.

Sec. 3. The said respective motions shall be submitted for the consider-
ation of the society, and each shall have ])recedeuc'e befi>re all motions sub-
mitted prior thereto, in the numerical order hereinbefore specified ; and
the same shall be considered in their proper order, in the manner usual to
deliberative societies.

522

CONSTITUTION AND BY-LAWS.

ARTICLE VII.

SUSPENDING AND AMENDING BY-LAWS.

Sec. 1. Two-thirds of all the votes cast at a stated meeting of the society
shall be sufficient to suspend the By-Laws.

Sec. 2. For their amendment the same rule and the same vote shall be
required as for amendments to the Constitution.

Any person contributing $500 in Money. Books or Library Furniture,
shall be declared a Founder- of the Library. $250 thus contributed shall
constitute the donor a Patron of the Library.

FOUNDERS OF THE LIBRARY.
Clark Bell, Esq. E. N. Dickerson, Esq.

PATRONS OF THE LIBRARY.

Clalk Bell, Esq. E. N. Dickerson, Esq.

Leonardo Del-Monte.

LIFE MEMBERS.

Clark Bell, Esq.
Richard M. Bruno, Esq.
Ovide Dupre, Esq.
David Dudley Field, Esq.
Chas. S. Fisher, M.D.

E. N. Dickerson, Esq.
Elbridge T. Gerry, Esq.
Gilbert R. Hawes, Esq.
A. r. Preterre, M.D.
M. J. B. Messemer, M.D.

CONSTITUTION AND BY-LAWS. 523

THE PERMANENT COMMISSION.

The society, at a meeting held February 16, 1876, tmanimously adopted
the following resolution, establishing a Permanent Commission: —

RESOLUTION.

Sec. 1. There shall be established a Permanent Commission, consisting
of the president and six members, to be elected by the society, upon the
recommendation of the Executive Committee, chosen equally from the
Medical and Legal professions. At the first election two members shall be
chosen for three years, two for two years, and two for one year ; and there-
after two members annually for the term of three years.

Sec. 2. The Permanent Commission is charged with the duty of receiv-
ing all cases, questions, or demands for advice that may arise between the
regular meetings o^ the Society, and of acting upon them as speedily as
possible.

Sec. 3. Five members shall constitute a quorum ; and a majority of those
present shall decide upon what report or answer to make to cases, ques-
tions or demands submitted.

Sec. 4. Cases, questions, or demands shall be addressed to the presi-
dent of the society, who shall thereupon call the Commission together as
soon as practicable.

Sec. 5. The Permanent Commission shall report as soon as practicable,
directly to the person, officer, or authority making a demand or submitting
a case or question, and also to the society at its next ensuing meeting.

Sec. 6. The report or opinion of the Commission shall not bind the
society, but are subject by a vote of the society, to be either rejected, modi
fied or confirmed .

Sec. 7. The Commission shall elect their own chairman and secretary,
and the secretary shall keep a record of the proceedings of the Commission.

MEDICO-LEGAL SOCIETY.

OFFICERS FOR 1889.

President :
CLARK BELL, ESQ.
Ist Vice-President : 2nd Vice-President :

W. G. STEVENSON, M. D. AV. W. GODDING, M. D.

Vice Presidents for t?ie States, Territories, Volonies, and Countries.

Alabama— Judge H. H. Somerville. Montgomery.
Arkansas— P. O. Hooper, M. D., Little Rock.
California— W. W. McFa.riane, M. D., Agnew.
Colorado— H. Ciiarles Ullman. Esq., Denver.
Connecticut— Dr. Henry P. Geib, Stamford.
Dakota— Judge William H. Francis, Bismarck.
Delaware—
District of Columbia— Judge M. V. Montgomery,

Washington City.
England— Prof. Arthur P. Luff.
Florida— Dr. King Wylly, Sanford.
Georgia— Dr. Eugene Foster, Augusta.
Illinois — Dr. E. A. Kilbourne, Elgin.
Indiana- -W. B. Fletcher, M. D., Indianapo lis.
Iowa— Dr. Jennie McCowen, Davenport.
Ireland— R J. Kinkead, M. D., Galway.
Kansas —

Kentucky— Dr. D. W. Yandell, Louisville.
Louisiana — Dr. Joseph Jones, New Orleans.
Manitoba— Prof. H. Ausbrey. Husband.
Maryland— H. B. Arnold, M. D.. Baltimore.
Massachusetts--Ira Russell, M. D., Winchendeu.
Michigan— Victor C. Vaughn, Ann Arbor.

Minnesota — Hon. C H.Davis. St. Paul.
Missouri — Judge J. C. Normile. St. Louis.
Mississippi— Dr. C. A. Rice. Meridien.
Nevada— S. Bishop, M. D., Reno.
New Hampshire— Hon. Daniel Barnard, Franklin.
New Jersey — Gov. R. 8. Green, Elizabeth.
New Brunswick -Judge A. L Palmer, St. John.
New Zealand— Prof . Frank G. Ogston.
Nebraska— Prof . Frank S. Billings, Lincoln.
New York— A. E. McDonald. M. D., New York Cit
North Carolina— Euirene Grissom, M. D., Raleigh.
Ohio— W. J. Scott. M. D , Cleveland.
Ontario— Daniel Clark. M. D., Toronto.
Pennsylvania— Hon. Henry M. Hoyt, Philadelphia.
Rhode Island— Henry E. Turner, M. D.. Newport.
South Carolina— Dr. Middleton Michel, Charleston
Texas — Hon. Gustave Cook. Houston.
Tennessee— John II. Callander. M. D., Nashville.
Vermont — Dr. J. Draper. Brattleboro.
Virginia— Dr. James D. Moncure, Williamsburg.
Washington Ter— Ex-Gov. Watson C Squire.
West Virginia-
Wisconsin — S. B. Buckmaster, M. D., Mendota.

Secretat^ :
ALBERT BACH. Esq.

Gorresponding Secretary :
MORITZ ELLINGER, Esq.

Treasurer :
E. W. CHAMBERLAIN, Esq.

Librarian :
CHAS. F. STILLMAN, M. D.

Assistant Secretary :
FRANK H. INGRAM, M. D.

GJiemist :
CHARLES A. DOREMUS, M. D.

Curator and Pathologist :
FRED. PETERSON, M. D.

Assistant Librarian :
BENNO LOEWY, Esq.

TRUSTEES.

Legal :

Medical :

RICHARD B. KIMBALL, Esq.
ROGER FOSTER, Esq.
WILLIAM G. DAVIE5S, Esq.

CHARLES MILNE, M. D.
.1. MOUNT BLEYER. M. D.
FERD. C. VALENTINE. M. D.

Legal :

CLARK BELL, Esq.

Hon. DAVID DUDLEY FIELD.

Hon. JOHN F. DILLON.

PERMANENT COMMISSION.

Medical

R. O. DOREMUS. M. D.
R L. PARSONS. M. D.
STh:PHEN SMITH, M. D.

MEDICO-LEGAL SOBIETY.

;25

COMMITTEES.

ON PUBLICATION OF SERIES 4 AND 5 MEDICO-LEGAL

PAPERS.

W. G. Stevenson, M. D., Chairman,

Clark Bell, Esq. V. C. Valentine, M. D.

R. S. Guernsey, Esq. Chas. S. Fischer, M. D.

R B. Kimball, Esq. Amelia Wright, M. D.

ON RESOLUTIONS OF MR. E. W. CHAMBERLAIN REGARDING

COMSTOCK SEIZURES.

E. "W. Chamberlain, Chairman.

Roger Foster, Esq, W. F. Holcombe, M. D.

Morris Ellinger, Esq, Charles Milne, M. D.

Benno Loewy, Esq. R. J. O'Sullivau, M. D.

LEGISLATION REGARDING THE INSANE.

Clark Bell, Esq., Chairman.

.Judge Jno. F. Dillon, N. Y, P. Bryce, M. D.. Ala.
Judge J. C. Normile, Mo. Stephen Smith, M. D., N. Y

Gov. R. S. Green, N. J.
Ex-Gov. H. M. Hoyt, Pa.
P. O. Hooper, M. D., Ark.
Dan'l L. Rrinton, M. D.

E. .J. Kiibourne. M. D , III.
Dr. Thomas O. Powell. Ga.
Jud-'f FT. I\I. Somerville, Ala.
Ex Chief Justice Noah Davis, N.Y.

G. B. Twilchell, M. D., N, H. Samuel Wesley Smith, M. D , N. Y.
W. W. Godding, M. D., D. C. Judge Calvin E. Pratt, N. Y.

ON REORGANIZATION OF THE MORGUE.
Clark Bell, Esq., Chairman.

Elizabeth N. Bradley, M. D.
M. J. B. Messener, M. D.
Judge S. M. Ehrlich.

Chas. A. Doremus, >r. D.
G. F. M. Bond. M. D.
Mr. Albert Bach.

526 MEDICO-LEGAL SOCIETY.

COMMITTEE OF THE STATES AND TERRITORIES ON E X
TENDING MEMBERSHIP OF THE SOCIETY.

Alabama.— P. Bryce, M. D , Minnesota.— C. K. Bartlett, M.D.,

Tuscaloosa. Sr.. Peter.

Arkansas,— Jas. H. Soutball, Missouri.— R. E. Smith, M. D.,

Osceola, Little Rock. St. Joseph.

California, - E. He-ensberger. MississiPPi.-Dr. E. P. Sale.,

M. D., San Francisco. Aberdeen.

Ti- ^v TT11 ^ T7> Nebraska. — W. M. Knapn, M. D.,
Colorado.— II. Clias. Ullnifin. Esq. ^" '

Denver.

Lincoln.

Nevada. — S. Bishop, M. D.,
Connecticut. — Jobn M. Taylor, E,eno.

Hartford, -^^^y Brunswick.— J. T. Stceves,
Dakota.— Dr. O. Wellington, Arch- j^ p

ibald, Jamestown, j^ Hampshire. — Dr. Carl H.

Delaware.— Horsch.

New Jersey. — Judge C. G. Garri-

DiSTRiCT OF Columbia.— Judge M. son., Camden.

V. Montgomery. New York.— Clark Bell, Esq., Chair-

England.— A. Wood Renton, Esq,, man.. New York.

London. New Zealand. — Prof. Millen
Florida. — Dr. C. A. F. Lindorme, Coughtrey,

Fort Reed. North Carolina. — J. D. Roberts,

Georgia.— Thos. O. Powell. M. D., M. D., Goldsboro.

Milledffeville. Ohio. — C. H. Blackburn, Esq., Cinn.

Illinois. — Milo A* McCielland, Pennsylvania.- S. Hepburn, Jr.,

M.D., ' Chicago. ^^"^'^ Carlisle.

Indiana.-W. B. Fletcher. M. D.. ^^^^== IsLAND.-Philip K. Taylor,

T ,. ,. M.D., Wakefield.

Indianapolis. „ ^ -r. ,t-,i,

„ ^ - .^, , .._ ' South Carolina. — Dr. Middleton

Iowa.— F. C. Crittenden, M. D., tvi- v, i nu ^ ^

' ,, . Michel, Charleston.

Des Moines. ^ -n. t.t- u i /> u n

^ ,, ... ,, TTv Tenn.— Dr. Michael Campbell,

Ireland. — Connolly Norman, M.D _ ,,,

. ^^ ^ , ^^ ^ * Knoxville.

KANSAS.-A. N. Drake, M. D.. TEXAS.-Dr. D. R, Wallace,
Kentucky.— Dr. F. H. Clark, T • 11

Lexington. Vermont.— Dr. J Draper,
Louisiana.— Dr. D. M. Clay, Brattleboro.

Shrevesport. Virginia.— Dr. Jas. D. Moncure,
Manitoba.— H. Aubrey Husband, Williamsburg.

Maryland.— Daniel L. Brinton, Washington Ter. — John W.
Esq., Baltimore. Waughoj), M. D., Fort Stellacoom.

Mass.— Frank K. Paddock, M. D., ^^st Virginia.—

Esq., Pittsfield. Wisconsin.- Henry Palmer, M. D.,

Michigan.— T. R. Buckham, M.D., Janesville.

Flint.

MEDICO-LEGAL SOCIETY.

o'Zi

COMxMITTEE OX INTERNATIONAL CONGRESS:
Clakk Bell, Chairman, of New York.

Judge 11. M. Somerville, of Alabama.

H. C. Dunavant, M. D., of Arkansas.

James Simpson, M. D. , of ("alifornia.

H. Charles Ulman, Esq., of Colorado.

H. B. Geib, M. D., of Connecticut.

R. J). Murray, M. U. , of Florida.

Eugene Foster, M. U., of Georgia.

Ed. J. Doering, M. D., of Illinois.

W. B. Fletcher, M. D., of Indiana.

Jennie McCowen, M. D., of Iowa.

A. N. Drake, M. D., of Kansas.

H. K. Pusey, M. D., of Kentucky.

Chief Justice E. Bermudes, of Louisiana.

Jas. T. Ringold, Esq., of Maryland.

Ed. J. Cowles. M. D., of Massachusetts.

Dr. Henry B. Baker, of Michigan.

Prof. W. A. Hall, of Minnesota.

Prof. H.Aubrey Husband, of Manitoba, B.C.

Daniel Clark. M. D., of Toronto, Canada.

H. E. Desrosiers, M.D..of Montreal. Can.

J. T. Steeves, M. D. , of New Brunswick.

Simon Fitch, M. D., of Nova Scotia.

Joaquin G. licbrado, of ('uba.

Dr. Louis Penard, of France.

Prof. Dr. Furstner, of Germany.

Dr. G. E. Bentzen, of Norway.

Prof. Senator Andrea Verga, of Italy.

Prof. Dr. Paul Kowalew.sky, of Russia.

Prof. J. Lehman, of Denmark.

Ed. M. Perez, M. D., of Bueno Ayres, S. A,

Herman Kornfeld, M. D., of Silesia.

Dr. Geo. P. Tucker, of New South Wales.

W. II. S. Bell, Esq., of South Africa.

Prof. Dr. L. Wille, of Switzerland.

U. K. Smith, M. D., of Mis.souri.

Judge Locke E. Houston, cf Ml«»is8inp|.

Prof. Frank S. Billings, of .NebraHka.

S. Bisiiop, M. D., of Nevada.

Granville P. Conn M.D.. of N. Hampshire.

Judge C. G. (iarrison. of New Jersey.

Prof. Millen ( Oughtrey, of NewZuaiand.

J. D. Roberts. M. D., of North Carolina.

W. A. Ward, M. D., of Oliio.

Judge R. B. Westbrook, of Pennsylvania.

Geo. 1). Wilcox, M. I) , of Rhode Island-

Middleton Michael. M. D., of s. Carolina.

Arthurs. Wolff, M. I)., of Texas.

Wm. James Parker. M. D, of Tennessee.

Jos. Draper, M. D. , of Vermont.

W. F. Drewrv, M. D., of Virginia.

Ex-Gov. W. C. S(iuire. of Wa>h'ton Ter.

S. B. Bucknuister, of Wisconsin.

Judge W. II. Francis, of Dak<«ta.

Judge M. W. >Iontgomery. of D. C.

Dr. Connolly Norman, of "Ireland.

Dr. W. W. Ireland, of Scotland.

Prof. Dr. Arthur P. Luff, of Kngland.

Souza Lima, M. I) . of Brazil.

SenorDon Manel Contreras. of Mexico.

Prof. M. Benedict, of Austria.

Dr. A. M. Alvarez Taladriz, of Spain.

Dr. Bettincourt Rodrigues, of Portugal.

Dr. Jose Monteros. of (iuatemala, S. A-

Dr. Cowen, of Holland.

Jules Morel, M. D.. of Belgium.

Prof. Dr. F. Von Holtzendorf , of Bavaria.

Prof. Axel Key, of Sweden.

Prof. Dr. J. Maschka, of Bohemia.

SUBCOMMITTEE^
Morris Ellinoer, Chairman.

Dr. Isaac Lewis Peet.
Stephen Smith, M. D.

Ex-Judse Noah Davis.
E. W. Chamberlain. Esq.

SUB-COMMITTEE ON RECEPTION.

Samuel Wesley Smith, M. D.
Frank H. Ingram. M. D.
Benno Loewy, Esq.
Fred. Peterson, M. D.

Roger Foster. Esq.
Chas. F. Stillman.M. D.
William G. Davies, Esq.
The President.

SUB-COMMITTEE ON PUBLICATION.

Albert Bach, Esq.,
W. G. Stevenson, M-D.

J. Mount Bleyer, M.
The President.

528

MEDICO-LEGAL SOCIETY.

ON CRIMINAL RESPONSIBILITY OF ^DEAF MUTES.
Dr. Isaac L, Peet, Chairman. N. Y.

J. D. Roberts, M. D., N. C. Horace Wardner, M. D., III.
Thos. O. Powell, M. D., Ga. Albert Bach, Esq., N. Y.
Judges. Burdetie Hyiitt, N.Y. J. Willis Havilaud, M. D., Minn.

ON TRANSLATIONS.

Morris Ell/nger, Esq., Chairman.

Ossip Feldman, [M. D. Samuel D. Sewards, Esq.

F. C. Valentine, M. D. Albert Bach, Esq.

J. Mount Bleyer, M. D. J. R M. Hearne, Esq.

Prof. E. P. Thwing, M. D. Z. S. Sampson, Esq.
Theo. H. Kellogg, M. D.

:0N NATIONAL STATE CHEMISTS.
Prof. V. C. Vaughan Chairman, of Mich.

Prof. R. O. Doremus, N. Y. Prof. John J. Reese, Pa.
Dr. Geo. B. Miller, P. Prof. C. A. Doremus, N, Y.

Prof. H. A. Mott,.N. Y.

HONORARY AND CORRESPONDING MEMBERS.

Honorary.

John C. Bucknill, M. D.,

London, England.
Ernest Chaud^, Esq.,

Paris, France.
Prof. D. Hack Tuke, M. D.,

London, England.
•Frank H. Hamilton, M. D.,

New York.
Fordyce Barker, M. D.,

New York.
Hon. Chas. P. Daly,

New York.

Prof. K. von Krafft-Ebing,

Gratz, Austria,
Henry Maudsley, M. D.,

Londonr
Prof. Dr. J. Maschka,

Prague, Bohemia.
Sir James Fitzjames Stephen,

London,
Hon. Noah Davis,

New York.
Francis Wharton, LL. D.,

FhiladelDhia.

Prof. Browardel, Paris, l*>ance.

CORRESPONDIiVG MEMBERS.

;329

Prof. Augustin Andrade, M. D.

City of Mexico.

John Abcrcrombie, M. D.,

London.
Julius Althaus, M. D.,

London.
Prof. Dr. Benj. Ball,

Paris, France .
Hon. Gunning S. Bedford,

New York.

Prof. C. M. Brosius, M. D.,

Berndorf, Germany.

A. N. Bell, M. D.,

New York.

G. E. Bentzen, M. D.,

Christiania , Norway.

Prof. Leonard! Bianchi,

Naples, Italy.
Prof. Dr. Serafino Bififi,

Milan, Italy.
Hon. Geo. B. Bradley,

Corning, N. Y,
E. Blanche, M. D.,

Paris.

Sir. J. Chrichton Brown,

London.
Jose M. Bandera, M. D.,

City of Mexico.

T. R. Buckham, M. D.,

Flint, Mich.

Prof. G. Buonomo,

Naples, Italy.
A. L. Carroll, M. D.,

New Brighton, S. I.

Prof. Charpentier,

Paris.
Prof. Stanford E. Chaille,

New Orleans, La.

Senor Don Manuel Contreras,

Citv of Mexico.
Hon. S. S. Cox, 'n. Y. City.

Henry C(^utagne, M. D.

Lyors, France.

T. de Musgrave Clay, M. D.,

Pau, France.
T. S. Clouston, M. D.,

Edinburgh, Scotland.

* Deceased.

John Curwen, M. I).,

Warren, Pa.
T. D. Crothers, M. D.,

Hartford, Conn.
Prof. R. H. Chittenden.

New Haven, Conn,
N. R. Davis, M. D.,

Chicago, 111.
H. E. Desrosiers, M. D ,

Montreal, Canada.
F. W. Draper, M. D.,

36 Worcester street, Boston.

Prof. Dr. Geo. Dragondorf,

Dorpat, Russia.
Dominick Daly. Esq.,

Birmingham, England.

Dr. De Jong,

Amsterdam, Holland.
Victor Desguin, M. D.,

Antwerp, Beigium.
Leon De Rode, M. D.,

Louvain, Belgium.

Dr. Pliny Earle,

Northampton, Mass.
Prof. J. J. Elwell,

Cleveland, Ohio.

Prof. M. G. Elzey,

Washington, D. C.

Prof. Albrecht Erlenmeyer,

Berndorf, Germany.

M. D. Ewell, M. D.,

Chicago, III.
Dr. Landon B. Edwards,

Richmond, Va.
Simon Fitch, M. D.,

Halifax, N. S.
Dr. Enrique A. Frimont,

Ozuluama, Mexico.
Prof. E. Ferri,

Sienne, Italy,

^ Prof. Ach. Foville, M. D.,

Paris.
Prof. Dr. Furstner,

Heidelberg, Germany.
*Th. Gallard, ^L D

Paris, France.
James A. Gray, M. D.,

Atlanta, Ga.
Prof. R. Garofolo,

Naples, Italy.

530

* Gen'l Procurator, Dr. Julius Glaser,
Vienna, Austria.

W. R. Gowers, M. D.,

London.
Prof. Matthew Hay,

Aberdeen, Scotland.
J. L. Hanna, Esq.,

Baltimore, Md.

Prof. Dr. F. von Holtzendorf,

Munich, Bavaria.
Ernest Hart, M. D.,

London .
Prof. H. Heiberg,

Christiania, Norway.
Pi of. A. W. Hoffman,

Berlin, Germany.
Dr. Gershom H. Hill,

Independence, Iowa.
■Jabez Hogg, M. D.,

London.
Prof. E. Horsford,

Cambridge, Mass.
Prof. Hoffman,

Gratz, Austria.
C. H. Hughes, M. D.,

St. Louis, Mo.

Prof. H. Aubrey Husband,

Manitoba, B. C.

W. W. Ireland, M. D.,

Edinburgh, Scotland.

Pi of. Axel. Key,

Stockholm, Sweden.

Prof. Dr. Heiman KornfeUl,

Grotkau, Silesia.
Prof. Dr. A. LaCassagne,

Lyons, France.
Prof. Henry M. Lyman

Chicago, 111.

Joaquin G. Lebredo, M. D.,

Havana, Cuba.
Dr. L. Lewin,

Berlin, Germany.
Prof. Max Leidsdorf,

Vienna, Austria.
Prof. J. Lehmnnn,

C >penhagen, Denmark.

* Deceased.

MEDICO-LEGAL SOCIETY

Corresponding.

Dr. Souza Lima,

Rio Janeiro, Brazil.
Brewer Mattocks, M. D.,

St. Paul, Minn.
*Hcn. Guy H. McMaster,

Bath, N. Y.
Jules Morel, M. D.,

Ghent, Belgium
Prof. A. Motet,

Paris, France.
Prof. Dr. Mierzejewski,

St. Petersburg, Russia.
Prof. Dr. L. Meyer,

Gottingen, Germany .
Prof. R. Otto,

Germany.
Ed. M. Perez, M. D.,

Buenos Ayres, S. A.
G. Vivian Poore, M. D.,

London, England.
John Dixon Mann, M. D.,

Manchester, England.

Prof. John M. Packard,

Philadelphia.
Joseph Parrish, M. D.,

Burlington, N. J.
Dr. J. A. Peeters,

Gheel, Belgium.
j Dr. Louis Penard,

Versailles, France.
Augustus J. Pepper, M. D.,

London.
Prof. F. Pollock,

Lor.j'on.
S. D Presby, M. D.,

Taunton. Mass.
Dr. John H. Rauch,

Springfield, 111.
Prof, Roman Ramirez, M. D.,

City of Mexico.
*Dr. Ramaer,

The Hague, Holland.
Prof. John J. Reese,

Philadelphia, Pa.

Prof. Dr. V. Reubold,

Wurzberg, Germany.

Prof. Dr. Ludwig Schlager,

Vienna, Atstna.

*Gen. Staats Anwalt ScH-ofarze,

J'"^esden, Saxony.

G. E. Shuttleworth. M. D.,

Lancaster, Eng.
Dr. Thomas Stevenson,

London.

CORRESPONDma MEMBRRvS.

5;n

Crtrrpr.ponding,

If. n. O. Sankey, M. D.,

Bancliuvch, N. Shrewsbury, Englar.d.

Geo. II. Savage. M. D.,

Bethlem Hospital, London.

II. K. Siorer, M. D.,

Newport, R. 1.
*Prof. Dr. Axel Jaderholm,

Stockholm, Sweden.

Prof. Arrigio Tamassia,

Padova, Italy.
Prof. Augusto Tamburini,

Turin, Italy.

C. Meymott Tidy, M. D. ,

London.
Geo. P. Tucker, M. D.,

Sidney, Australia.
Dr. Rafael UHcia,

Madrid, Spain,

L. W. Baker,

Baldwinville, Mass.
R. S. Sutton, M.D.,

Pittsburgh, Pa.
Hon. Charles H. Daniels,

Justice Supreme Court,
Buffalo, N. Y.

D. Lentz,

Government Director Belgium Asy-
lums, Brussels, Belgium.

Prof. Dr. Paul Kowalewsky,

Kharkoff, Russia.
Prof. Senator Andrea Verga,

President Society di Freniatria,
Milan, Italy.
Dr. W. H. Taylor,
Secy. Mass. Medico-Legal Society,
New Bedford. Mass
Dr. Ghilio Chiarugi, Sienna, Italy.
W. H. S. Bell,
Grahamstown,

Cape Good Hope, S, Africa.
Ed Netterville Blake, Esq.,

Dublin, Ireland.
John Kinmot,

Edinburgh, Scotland.
Dr. Scott Helm, (/liicago.

Dr. Ed J. Doering,
D. A. K. Steele,
Emile Hourteloup,
Dr. Fred. Needham

Gloucester, England.
Prof. M. Benedict,

Vienna, Austria.
Dr. H. Laehr,

Berlin, Germany.
Dr. Cowan,

Dordrecht. Holland.
Dr. Wm. Laudau, Berlin, C.ermany.
Dr. Bettencourt Rodrigues. Lisbon.
Dr. Semal, Mons, Belgium.

* Deceased"

O. W. Wight, Esq., M D.,

Detroit, MicK
Prof. Dr. Wilhelm Emil Wahlberg.

Vienna, Austria.
F. Winsor. M.D.,

Winchester, M.\ss.
Prof. T. G. Wormley, M. D.,

Philadelphia.
Prof. Dr. L. Wille,

Basle, Switzerland.
Dr. M. von Buri,

Leipzig, Germany.
Ely Vander Warker, M. D,

Syracuse, N. Y.
forbes Winslow, M. D. ,

London.
William C. Wile, M. D.,

Sandy Hook, Coniu

Xorman Kerr, M.D..

President Society for Study

and Cure of Inebriety.
London,
Hon. Stanley JMathews,

Justice Supreme Court.

U. S., Wiishingtou, D. C.
Dr. P. Heger,

President Society of Ment:\l

Medicine of Belgium.
Brussels, Belgium.
Dr. F. Lentz, Sec. of Societe of

Mental Medicine,
Supt. Asylum for Insane,

Touruai, Belgium.
Dr. Jose ^lonteros,

Guatemala, S. A.
Dr. Chas. W. Moore,

Sun Francisco, Cal.

Prof. Dr. Lefebvre,

Brussels, Belgium.
Dr. V. Magnan, Paris, France.

Dr. Falret, Paris, Franee.

Dr. Vertneulen, G^ent, He gium.
Dr. Urquhart, Perth, Scotland.

Dr. G. Fielding Blandford.

London, England.
Chicago. I j,^^^,jj^ Chadwick, Esq.. C. B.,

Chicago
Paris, France

London.

C. F. Buswcll, E«?q., Boston, Mass.
Dr. Jules Socquet. Paris, France.
Adolph Kallay, M. D..

Karlsbad, Germany.

Dr. Arthur P. Luff,

London. England

Ur. A. McAlvare/ Taladriz,

Valladolid, Spain.
Dr. Guiseppe D Abundo.

PisH, Italy.

532

CORRESPONDING MEMBERS.

Dr. L. H. Pompe,

Supt. Coiidewater Asylum,
Rosraalen, Holland,
Dr. Persy n,

President Netberland Society of
Psychiatr3\ Holland.

Dr. Kuysch,
Inspector-General of the Insane,
The Hague.

Dr. Prius,

Inspector-General of Prisons,
Brussels, Belgium.
Pror. C. Lucchini,
Editor Rkvista Pcnale de Bologve,

Italv.

ERRATA-

Page 74,

' 110,

' 111,

' 117,

' 193,

• 193,

' 280,

' 327.

' 342,

376,

' 418,

' 442,

* 472,

3 lines from bottom, for ven cova, read vena cava.

7 lines from bottom, for the rewas, read there was.
10 lines from bottom, for terriorios, read territories.

8 lines from bottom, for gul read gulf.

8 lines from top, for osiuteri read os uteri.

7 lines from bottom, for luteam read luteum. .

5 lines from bottom, for so If exciting read self exciting.
2 lines from bottom, for genral read general.

15 lines from top, for cost read caM.

16 lines from top, -for trocbea read trachea.

8 lines from bottom, for September read November.
7 lines from top, for thory read theory.

17 lines from bottom, for confssses read confesses.
10 lines from bottom, for sone read sm)ie.

2 lines from top, insert Jordan, Et^q., after Daniel.

AOTrVT. MEMBERS.

ACTIVE MEMBERS.

588

Allen, John E., M. D.
Angell, Isaac, Esq.
Adams, John J., Esq.
Ababarnell, Jacob, Esq.
Allison, Chas. R.,Esq.,
Andrews, W. 8., Esq.
Arnoux, Judfce Wm. 11.
Allen. Henry C-, Esq.
Augustine, Clark B., Esq.
Aldrich, D. W., M.D.
Archibald, O. Wellington.M.D.
Atchiuson.T. T., Esq.
Atchirison, T. A.,M.l).
Arnold, A. B , M. D.
Allen. Thos. J., M.T).
Bell. Clark, Esq.
Bennett, Alice. M. D.
Beach. Judge Miles.
BnU. (has. P., Esq.
Berg, ,1. P.. Esq.
Briggs, I). Clark, Esq.
liruno, It. M., Esq.
Bach, Albert. Es(i.
Baker, John F., Esq.
Bradner, N. U., M. 1).
Burnett, Mary Weeks. M.I).
Busteed, Kichard W.,Esq.
liusteed, Ki(!hard W., Jr., Esq.
Best, Wm. J., E.sq.
Beltzhoefer, F. C, Escj.
Bennett, Henry S , Esq.
Bergheim. i.., M.D.
Blackburn. C. H., Esq.
Butler. John 8., M.D.
Burke, Wm. C, Jr., M.D.
Butt.s, A C. E.sq.
Bryce, P., M. 1).
Bleyer, J. Mount. M.D.
Buckbani, T. R., M.D.
Baldwin, Benj. J., M.D.
Burrell,D It, M.D.
Buckmaster. 8. B.. M.D.
Bartlett, Jas. W., M.D.
lirown, Geo. W., M.D.
Baker, Henry D., Dr.
Barnard, Daniel. Esq.
Bartlett, Cyrus K., M.D.
Brinton, Daniel i.., Esq.
Boardma!!, C. H., M.D.
Benjamin, Geo. H., M.D.
Broadhead, Jas. O. , Esq.
Bishop, S., M.D.
Billings. Frank, S. Prof.
Barnard, Chas. A-. M.D.
Bond, Dr. G., FM.
Byrnes, William, Esq.
Baner, Wm. L., M.D.
Bermudes, Chief Justice Edw.
liradford, Geo. D., M.D.
Bayne, Thos. L., Esq.
Bradley. Elizabeth N., .M.D.
Brewer, T. O.. MD.
Carleton. Henry Guy, Esq.
(Hxrrier, D.. M., Dr.
Conn, Granville P.. Dr.
Cook, Gustave, Esq.
Clarke, F. H., M.D.
Campbell. Michael, Dr.
Chew, T. R.. M.D.
Clay, D M., M.D.
Cleland, Thos , M.D.
Cupples. (ieo., M.D.
Crane, H. L.. M.D.
Coughtrey, Milieu .M B., C.M.
Callender. J. H., M.D.

On March 1, 1889.

Cauldwell, J. M.,M.D.
*Craig. James, Dr.
Cohn, Albert L., Esq.
Cook, S. G., Dr.
Conway, J. K., MI).
Compton, A. T., E.«5q.
Calvin, Judge D. C.
*Chadsey, A. J.. Dr.
Clark, Lester W.. Esq.
*Carnochan, John M., M.D.
f^rosby. D. G.. Esq.
Chamberlain, E. W., Esq.
Connor, Eliza Archard.
Cowle.s Ed. J.. M.D.
Clift, Geo. D , M.D.
Crane, Albert, Esq.
Clark. 8. T.. M.D
Christenson. J. 8.. M.D.
Crittenden. F. E., M.D.
Crookshank. K. Percy, M.D.
Cobb, O. F.. M.D,
t;lark, Daniel, M.D.
Carpenter, Elon N., M.D.
Donlin, P. E.. Dr.
Dorn, J. H., Dr.
Davies, W. G., Es(i.
Doremus. Chas. A., Prof.
Davies, Edwin G., Escj.
Davis, C. K., Esq.
Dillon, Judge Jno. K.
Dittenhoeffer, Judge A. ,1.
Deidiard,C. E.. Dr.
Doremus, K. O.. Prof.
Uunphy, J. F.. Dr.
Del-Monte, Leonardo. E.'«i.
Dupre, Ovide, Esq.
Dickerson, E. N.. Esq.
Dwyer, Jolin, M.D.
Donahue, Judge Ciiarles.
Drake, A. N.. M.D.
Dent, EinmettC. M.D.
Draper, J., M.D.
Dorsett, J. 8., M.D.
Denton. A. N.. MD
DeKrafft. Wm . M.D.
Dunavant. H.C., M.D.
Drewry, W. F., .MD.
DeMoisc, (J. Bellini. M D.
Dimmock, Thos.. M.D.
Ellinger, M., Es(i.
Elmer, A. D.. Dr.
Eidenbenz. Anton, Dr.
Eldridge, G. K., Esq.
Ehrlich, Judge. S. ^1.
Eads, B. F.. M.D.
Fisher. L., Dr.
Frederich. J., Dr.
Farrington, J. O.. Dr.
Field, David Dudlev, Esq.
Fleming, W. M.,l)v'.
Frauensteiu, (J., Dr.
French. 8arah Angle, M,D.
Feldman, Ossip. Dr.
Frost. T. (Jold. Esq.
Field, Matthew D.
Foster, Eugene. M.D.
Fox, Edwin M.. M.D.
Francis. Judge William H.
Fuller. K. B.. M.D.
Fairtield. 8amuel E., Esq.
Fellows, Jno. K., Esq.
Kischer. Chas. 8., Dr.
Fuller, Robert M., Dr.
Fanning, James O.. Esq,
Foster, Itogor, Esq.

Fine. ChriMto|)her, K«q.
Fernandez. AM., .M.D.
Fletcher. W. B.. Ml).
Goldfogle, H. .M., E^tq.
(irlmm. J.. Hugo, Esq.
Green, Kobt. 8.. EMq.
(irandin. E. H., Esq.
Gelb, H. P., M.D.
(ilbbs, Jno. Wilson, M.I).
(;oetz, Wolfgang. M.D.
(Vaston, J. B., .MD.
(Jrissom. Eugene. Dr.
(irannis, Mrs. E. B.
(iodding. W. W.. .M.D.
Goodhart, Morris. Esq.
(tiberson. N. 8.. MD.
(iarvin, Lucius F. C, M.D.
Gunnintf, J. H.. M.D.
Gerry, E. T., Esq.
(Guernsey, R. S., Esq.
Grant, (iab.. Dr.
(Gilbert. H. 8., M.D.
(rarrison, C. G.. .M.D.
Grube, C. H., .M.D.
Garrish, J. P., .M.D.
Godkin. Lawrence. Esq.
(Jumby. Judge A. A.
(4ray, .Milton C. . Esij.
Holme, Leicester P., E.sq.
Henessev, G., Dr.
Hepburn, 8., Jr., Esq.
Hammersley. A. 8.. EtH|.
Haves, Daniel P.. Esq.
Hall. Lucy M., M.D.
Howard. Jt>hii C., Dr.
Hawes. (iilbert R.. Esq.
Hvzer, Edw. M.
Horwitz, Gtto. Esq.
Holcombe, Wm. F., Dr.
Hyatt. Hon. S. Burdett.
"*Hughes. (ien. Charles.
Hakes. Harry. Esti-
Hoyt, Henrv .M., Esq.
Huger, K P . .M.D.
Hi^gins, F. W., M-D.
Hurt.G.. NLD.
Hughes. Chas. E.. Es<|.
Horsh.Carl H . M.D.
Hlrschfelder. J. O , M.D.
Howard. Frank H., Es<|.
Harcourt. John M.. M.D.
Hall. W. A , M.D.
Haviland. Willis H. Jr.. M.D.
House, Jos. A.. M.D.
Hudson, lieo. \\., E.sq.
Houst(.)n, Ju«lge l^K;ke E.
Hawkins, Jas. E-, E.stj.
Isaacs, JiuUe. .M. S.
Ingraham. Judge. tJeo. L.
Ingersoll. Robt. G.. Esq.
Ingnun. Frank H., M.D.
.lames. Ed. C . Esq.
Joachlmson. Judge P. L
Johnson, H. .\.. Esq.
Jones, Joseph. "il'-D.
Jones, M- L., E.sq.
James. l*i\>f. Fn»uk L.
.lones. 8. Preston. M.D.
Knox.T. C. Dr.
Kimball. R. B-. Esq.
•Keilogg. O. H., M.O.
Kelh^gg. T. IL. M D.
Kohne, Solomon, Esq.
Kelley. H. J..M.D.
Kelsey.Chas. B.,M.D.

ACTIVE MEMBERS.

Kilbourne, E. J.. M.D.
Knickerbocker, Geo. S., M.D.
KlinRcusmith, J. P.. M.D.
Knapp, W. M.,M.D.
Kite, J. Alban, M.D.
Kinkead.K.J.; M.D.
Layton, A. R., Esq.
l,uchner, J., Dr.
Lyon, R. H., Esq.
Loewy,Bennc, Esq.
Lewis, J. R., Esq.
Leo, S. N . Dr.
Lewis, J. B., Dr.
Lyons. Fred A., Dr.
Lyddy. James M , Esq.
Lyddy, Wm. M , Esq.
La GranKe. O. IL, Esq.
Little, Robert M., Esq.
Levy. Jefferson M., Esq.
Lavelle, Francis, Esq.
Lightfoot, J. R.. Esq.
Levvis. W. J.. MD.
Lambert. John, M.D.
Lindorme, C. A. F., M.D,
Luff, Artiiurr., M.D.
1 ee, Bradley, D. Esq.
Lyon,D. S., M.D.
Laplace. Ernest, M D.
Lewis. Harry W., Esq.
Lee, Otto, v.. Esq.
Moore, Geo. E., M.D.
Marsh, Luther R., Esq.
Miller, J. F.. Esq.
*Miller, M.N., Dr.
McLeod, S. B. W., Dr.
Morton, G. W., Esq.
Matthews, D., Dr.
Messemer. M. J. B., Dr.
Milbank, Robert. M.D.
Morgan, Ed. J., Jr.. M. D.
McCarthy. Judge John H.
Mosher, Eliza, M., M.D.
McDowell, J.H., Dr.
McOleerey, Mary J., Dr.
Metzger, B , Esq.
Mott, A B. Prof.
Mann, \V. J., Esq.
*Mclntyre. J. E , Esq.
Mann, E. C, M.D.
MacDonald, A. E., M.D.
Milne. Chas., M.D.
MacAdam. Judge David.
Morton, W. J., Dr
Mott.H. A., Jr..Dr.
Messiter. Geo. N., Esq.
McAdoo, R. M., M.D.
McEwen, R. C, M.D.
McCowen. Jeimie, M.D.
Michel, Middleton.M.D.
McClelland, Mrs. Sophie —
Miller, Geo. B.. M.D.
McClelland. Milo A.. M.D.
Millard. Orson, M.D.
M<jncure. Jas. D.. M D.
McFarlane, W. C MD.
McFarland, W. W.. M.D.
Montgomery. Judge M. W.
Mather, E., M.D.
Murray, R D., M.D.
Middlebrooke, Edwin, M.D.
Nelson. Wm., Esq.
Nunn, R. J., M.D.
Nonnile, Judge J. 0.
Noi'deman, Herman F., ALD.
Nicol. Delancey, Esq.
Newnum. W. A., Dr.
Nugent. Fred. F., Esq.
.Jloble, C. W., Dr.
North, Prof. John.
Norman. Connelly, M.D.
O'Neil, E. D., Dr,

O'Sullivan, R. J., Dr.
O'Dowd.F.. Esq.
O'Dea. J. J., Dr.
Otterburg, Mai'cus, Esq.
Ogston. Prank G., M.D.
Orme. H. L., M.D.
O'Neill, Wm; Lane, Esq.
Parsons, R. L., Dr.
Pape, Adolphus D., Esq.
Pomeroy, O. D., Dr.
Preterre, A. P., Dr.
Pratt, Judge Calvin E.
Palmer. G. W., Esq.
Peet. Isaac Lewis. M.D.
Pomeroy, Hamilton, Dr.
Powell, Seneca D., M.D.
Palmer. B. W.,Dr.
Page, Washington E.. Esq.
*Peiuiington, A. Sterling, Esq.
Paddock. Frank K.. M.D.
Powell, Thos, O., M.D.
Peterson, Frederick. M.D.
Peixotto, Benj. F., Esq.
Palmer. Henry, M.D.
Pusey, H. K., Dr.
Page, Samuel B.. Esq.
Palmer, W. H., M.D.
Perkins. L. G., M.D.
Parker, Wm. James, M.D.
Quinn, Dennis, Esq.
Quimby, Isaac N., M.D.
Richardson. H. L., M.D.
Randall, S. H., Esq.
Rust, C. D.. Esq.
Riley, H. A, Esq.
*Russell. Ira, M.D.

Russell, F. W.,M.D.
Regensberger, A. E., M.D.
*Runkle, Cornelius. Esq.
Roberts, J. D., M.D.
Robinson. D. R. . Esq.
Rice, C. A.. M.D.
Rutherford, R., M.D.
Root, Edward K., M.D.

Richardson, A. B.. M.D.

Ringold, Jas. T. . Esq.

Robinson, Henry, Esq.

Semple, McKenzie, Esq.

Smith, C. Brainbridge. Esq.

Sampson, Z. S.. Esq.

Sterne, Simon, Esq.

Sultan, Simon, E«q.

Satterlee, Leroy F., Dr.

Sedgwick, Judge Jno.

Squire. W. C. Esq.

Stillman, Chas. F., M.D.
. Speir, Judge G. M.

Sussdorf, G, E.. Dr.

Smith, Hubbard, Esq.

Smith, Stephen, Prof.

Smith. Nelson, Esq.

Skiff. George B., M.D.

Shafer, E. B.. Esq.

Stanton, J. V., M.D.

Strew. W. W.,M.D.

Seaman, Louis L., M.D.

Strauss, Oscar, Esq.

Stites, Jos. A.. Dr.

Stiics, Henrv R.. M. D.

Schatz, Adrian E., M.D.

Sharkey, M. T., Esq.

Shepard, E. F., Esq.

Stadler, L. <;., M.D.

Sewardsr Samuel D., Esci.

Spaulding, C. F.. Esq.

Shepard, Chas. IL, M.D.

Stern, Sam'l R., Esq.

Stevenson, W. G.. ^M.D.

Southall, Jas IL, M.D.

Solomon, J. P., Esq.

!?ullivan, M. R. M.D.

Stackpole, Paul A., M. D.
Stratton, Morris H., Esq.
Sale, E. P., M.D.
Somerville, Judge H. M.
Smith, Q. Cincinatus, M.I).
Smith, J. K. W., M.D.
Simpson, James. M.D.
Scott, W. J.,M.D.
Smith, R. E., M.D.
Smith, Samuel Wesley, M.D
Smith. Francis B., M.D.
Stillings, F. A., M.D.
Stark. Henrv S., M.D.
Steeves, J. t.,M.D.
Tucker, C. P., Dr.
Tucker. Rev. Wm.. D.D.
Tolnlison. T. E , Jr., E; q.
Tillottson, Chas. H., Esq.
Thomas, Mrs. M. Louise.
Tomlinson, Daniel, Esq.
Trull, W. C, Esq.
Turrell. E. A., Esq.
Tenny, S , Esq.
Thomas, J. C. , Dr.
Tauzsky, R., Dr.
Tuthill, J. Y.,Dr.
Tourtellot, L. A., M.D.
Taylor, John M. Esq.
Thwing, Edward Payson.M.D
Towne. Geo. D., M.D.
Tompkins, Henry C. Esq.
Twitchell, Geo. B.. M.D.
Taylor, Philip K.. M.D.
Talley, R. P., M.D.
Turner, Henrv E., M.D.
Tuttle. Wm. L , M.D.

Talcott, Selden H., M.D.

Ullman, H. Charles. Esq.
Vanderveer, A.., M.D.

Valentine, Ferd. C, M.D.

Van Vorst, Fred. B.. Esq.

Von Klein, Carl H.. M.D.

Vanderburgh, E. P., M.D.

Vaughan, V. C, Prof.

Wallace, C. H., M.D.

Watson. J,, M.D.

Watson, J. H,, Esq.

Weisse, F D., Dr.

Wight, J. S., M.D.

Whaley, Wm..Esq.

Weisman, F. H., Esq.

Wakeman, T. B., Esq.

Wright. C. P., Esq.

Williams, Arthur D. , Esq.

Wightman, F. B.. Esq.

Warner, F. M., M.D.

Wilkins. Prof. Geo.

Wright. Amelia, M.D.

Whitehorne, Ed. E., Dr.

Westbrook Richard B., Esq.

Ward, W. A., M.D.

Wey, Wra. C, M.D.

Wardner, Horace, M.D.

Wigmore. John H., Esq.

Wallace, D. R. .M.D.

Walsh. J. F. M.D.

Wylly, King, M.D.

Wolf, A. S., MD.

Wolf, A. S., Jr., M.D.

Ward, John W., M.D.

Waterman, Sigusmund, M.DJ

Wilcox, Geo. D.. M.D.

Waite, Herschell, M.D.

Waughop. J. W.. M.D.

White, E.D., M.D.

YandelLD. W., M.D,

Young, R. E., M.D.

^Deceased

J N D E X .

A1»AGE
IK in Heart in Infanticide, by F.

W. Iligrffiris. M.D 09

American Med. Association 207

Abortion. Supposed l!)l

Absolute Siyus of Deatli 317

Act (Insane Offenders' Bill) 26()

Atttield, Professor.. 3a7

Awards of Coininittee on Prize Essays 322
Annnal Banquet Med-Liefjal Sociely...347

Austria : 382

Allan, Sir Joiui (' 402

XJELL, (rLAKK. Esq., 91-98, 1:^9. 221, 833.

372, 402, 404, 409. 474. 48.5, 487, 489, 491,

499. 504.

Buckham, T. R. M.D 32

Burnett, Mary Weeks. M.D 02

Books, Journals and Pamplilets Re-
ceived .3.55 123,226

Barrett, J u dire Geo 116

Brinton. Daniel L 182

Buckliam, T R . 2iJ3

Beljrium, Med. Jurisprudence in.. 319, 382

Bill (Insane Offenders' Act) 2(l0

Bryce, P., M.D 208,491

Benedict, Professor .. 208

Barker, Fordyce 208

Ball, Benjamin, Professor 208, 4(52

Bancroft, J. B 208

Bramwell. Baron 145. 203

Bach. Albert 89, 371, 490, 49.5, 512

Brown, James H 207

Blever, J. Mount 281,341

Board of Lunacy Commission>< 459

Bennett. Dr. Alice 430. 437, 500

Brown, Harold P 380

By- Laws and Constitution .51 5

Belgium 382

Bradlev. Dr. Eliz. N .501

Brouardel Prof 402

Bermudas, Chief Justice . 463

V^yASES op

Mrs. Robinson 302. .3it7

Sarah J. Whitelin^ 430. 437, 500

Annie Gaskin 4.52

Caroline Metzgar 1.5-1

E. Brihel

Peter Otto , 48

Hermann .50

Patrick Lynch . 51

Wm. Enders 52

M. B. Consrdon 69

K. McW 70

Drowniic: 101

Marshall" Shaw 104

Parsons vn. State . - 1.54

McNajrhten 146. 158, 162

Hadfield 147, Khl. 2.59

State vs. Pike . . . 1.52

People vs. Guiteau 15?}. 1(U

State vs. Jones (N . 11 .) 1 60. 2,V3

People iJ.-?. Daley 170

Supposed Abortion 191

Thomas Ball 9lT

PAiiE

Webber Murder Case 1M3

Freeman 2.VJ

State rs. Arnold 2.53

Mary Queen of Scots 2.W

Peoi)le rs. Reiner 2»a

On Testamentary Capacity 28.5

Burden of I'ro<»f 21H»

(Mothers. T. D.. M.D . 44, 2»;7

Chair of Med. Juris in Dublin .

(.Jorrespondinf; and Honorary Mem-
bers 132, Wi2

COMMtTTEKS 8C

On Forms of Autopsy . . 80

Hypnotism ..330

Prize Essayn 113. 114, 3:12

Executions by Electricity. ...276, 3:i",*45

On International Conjjress 438

Carpenter Elon N 497

(Jraig, Oscar 481

Cowan, Dr 318

Compereen. Dr. Eniile 318

('armed Vegetables and Poisoning 327

Carleton, Henry (^uy 345

Constitution and By-Laws. . . 515

Clas-itication of Mental Diseases 88

Chamberlain E- W 98.488

Cjut. Wm. Wilkins. Esq 'MH

Circu'nstantial Evidence in Poisoning

Cases 292, 332

Casks of Poisoning :

Lamson 296,30.5

Palmer ... 298

Dr. Southurst , ...... .'JOl

Donellan 301. 310

Mrs. Wharton 800, .3ii2

Dr. Pritchard. .302

Mrs. Robinson 302, :«I7

Madeline Suttle 305, .3ir7

Adelaide Bartlett :<n5

AimMerritt .308

Dr. Letlieby 8 8

Under English Poison Act 324

lilinperor Frederick, III 3,51

J_JeFINIT10NS of InsHidly 101.203,

By Burton ..

Fiacjistonu's

Baron Bramwell

Supreme Court of Iowa

Supreme Court of .-MubHinH

Dillon, .ludtre

Montgoniery. J

Sir .Iame>< Stt'phen

Dr. I). R WiiUacc

Dr. Kugene (Jris.soin

Dr A. C Reid

Dr. Davi.l (lark

Dr. Alex Wilder .

Drowning. I'lu-nonjcnu t>f.

Dublin Chair of Mid. Juris

Disi'issu>Ns. 80,

Dr. Isaac Lewis Peet

Albert Bach 89. 884.838.

Fred i'eterson

E. W. Chamberlain 98,

Mat p. Field ...98 M|,

314

KM
2U8
AM
4K»
20tf

ai»

314
81.S
Mb
81.5
817
817
KM
1IV5
219

89
494

97
499
497

536

INDEX.

rAGE

Clark Bell 98, 221, 342, 475, 498

Dr. Infrram 219

Chas. H. Shepard 220

Amelia Wriprht 220

J. V. Stanton 220

Clark Bel 1 22i

Noah Davis 335, 338, 340

Stephen Smith ;«9

Dr. Dwyer ...340

J. Mount Blyer 341

Moses, Otto A 475

Ralph, W. Pope 475

F. W Jones 477

C. A. D*)renius 481

Schylers Wheeler 482

Geo. M. Phelps 484

W. W. Goddinir 491

Prof. J. J. Elwell ....492

P. Bryce 492

C. A. Rice 492

A. P. Reid 494

Lucy W. Hall 49«

Elon N. Carpenter 497

Alice Bennett 500

E. W Chamberlain 50(5

Dorenius. Professor R. O 281

Desquin, Dr. Victor. 318

Death by P^lectricity in Capital Cases .345

Denmark 482

Doerin.ir, C A 481

Doremus C .\ 481

lljLECTRlClTY vs. The Hanjrman. .. 100

Eastern Lunatic Asylum, Va 233

Euthanasia in Arr.iculo Mortis 282

Evarts, Dr. Orpheus 319

Expert Testimony 319

EUiuger, Moritz 331, 502

England 381

Editorial 103, 203, 314, 457

Ellwell, Prof. J. J...- 492

Jr lELD, MATTHEW D., M.D. !i8, 194, 1^41,
497, 499.

Prance 382

Frances, Judge Wm. H 403

(jTALLARD, THEO. F., M.D 1, 128

Goddinj;, W. W.. 180,491

Grissom, Eugene 315

Grimm, J. Hugo 332,395,487

Germany 382

Gurley, Judge 403

r~llGGlNS, K. W., M.D 09

Hypnotism 88, 99. 331

Heyzer, Ed. M 333

Hoi land 382

Hall, Lucy M 490

Insanity and the Menopause..... . 33

Definitions of 103, 203. 314

Tests of Legal Respousibility

103,203. 314

Judicial Departure in 139

Hijrht and Wrong Test in 139, 203

Intellectual 287

Affective or M oral. 290

Inebriet y and Crime 353

Due to Sexual Causes 430,437,490

Defe uce in Criminal Cases. ,, 395

PAGE

Inebriety

Med. Jurisprudence of 37

On Personal Responsibility 54

And Pn)bibition 62

And Criminals 44

By Prof. Thwing. 89

And Death Prevalent 267

Infanticide 69

International Congress of Med. Juris-
prudence .320, 97, 212, 380, 466

Ingram, Frank H .... 97, 219, 281

Insane Offenders' Bill (English) 20O

Insane Delusions 289

International Congress (Paris) 320

Is Belief in Spii-itualisra Evidence of

Insanity 194

Insane in N. ILand West Va 208, 209

Inebriates, Death Prevalent of 207

Italy 382

Insane Asylums at Williamsburgh,

Va ..231

Insane Asylum at Middletown, N. Y..358

(J USTICE, Miscarriages of 119

Journals and Books 120,223,351, 507

jQues, Dr. Joseph 353

XVlNKEAD. DR. RICHARD J,

350

L/EGISLATION and Suicide ... 1

Loye, Dr. Paul 104

Lunacy in Many Lands 206

Lucid Interval.s^ 289

Life Insui-Huce Examiner 353

Louisiana State .Med. Society 352

Library. Progress of 378

liUnacy Legislation 379

Ladd, Judge W. S 46;^

IVl ENOPAUSE and Insanity 32

Mkuico- Legal Society

'i'ransactions 82

Prize Essays 40, 113, 210, 323

Progress of

Nationalization of , 91

Members and Officers 132, 236, 302

Papers 211, 323

Of Massachusetts 99

M agazines 120, 228, 350, 510

Moncure, J. D 139, 230

Miscarriage of Justice 116

Montgomery. J 172

Medical Jurisprudence, Congress of

97, 212, 320, 400

Morgue. Reorganization of 377

Medico-Legal Journal 115, 317

Medical Experts 319

Medical Jurisprudence 352

Medical Jukispki'dknce

In Great Britain 381

In Spain 381

In Portugal 381

And the New ^ ork Press; 106, 111

Pn ATlONALlZ.VnON of the Medi-
co-Legal Society 91. 98, 107, 111

New Members 82, 87, 94

NewY'ork Herald 107

New York Tribune Ill

Notices to Member.s... 118,218

Nomiuatious 333

mT>K:x

537

_ ROGNOSIS of Pelvic Cellulitis, by

Parker, W. Thornton. M.D 7G, 1!)1, 2G7

Parrish, Joseph , M.D 37

Press, and Med. Jurisprudence. .]()G, 111

Prize Essays 110, 118, 210. 3:28, 464

PosiBibility of Air in Heart in Infanti-
cide G9

Physicians, English Sympathy with..

POKTRAITS 1,139

Theo. R. Gallard, M.D i

James D. Moncure, M.D 139

Williamsburg, Va. Asylum 231

Dr. W. A. Hammon's Asylum 234

Dr. S. H. Talcott 243

Middletown Asylum 358

Albert Bach, Esq 371

John M. Carnochan, M. D 513

Personal 105,208. 318, 462

Peterson, D. P 97, 281

Painlessness of Death 207

Poisoning Cases, Circumstantial Kvi-

dence in 292

Paris Congress of 1889 320

Person Act (Englisli) 324

Physiology and Psychology of Crime.. 330

Paris Exposition of 1HH9 333

Portugal 383

Progress of the Science 378

Poisoning by Antimony 218

Poisoning by Canned Vegetables 327

Poisoning by LaudnnuMi 328

Periodic Insanity 437

Palmer. eJudge 4tW

Palmer, Wm. S 462

Professors Elected 483

Papers for Congress 471

Pope, R. W 475

Phelps, G. M 484

rAOF, !

O KIOTN A L Articles

By Clark Bell 1. i.3» j

T. R. Buckharn, M.D 32, 2(W

Joseph J'arrish, M.D 37

T. D. Crothers, M.D 4i. 2t)l

T. L. Wright. M.D .-.t

Mary Weeks Burnett, MD i;2

K. W. Iliggin.s M.D 69

W. Thornton Parker, M.D • • 7(>. 1!>l

Daniel li. Brinton, Esq 1H2

Matt D. Field, M.D 194

Wm. Wilkins Carr, Es(i 243

E. P, Thwing, M-D- 2S2

A. Wood Renton, p].sq. 285

John H. Wigmore, Esq 292

(.'lark Bell 871

Harold P. Brown ...386

HenrjrGuy Carletrni .390

J. Hugo Grimm 395

Alice Bennett 420, 437

Obituaky 84

W. A. Dorsheimer 84

Charles Hughes 84

Cornelius A. Runkle 84

D.J.N. Ramaer 84

Dr. James Craig 372

Dr. A. J. Chadsey 372

Dr. M. N. Miller 372

Dr. O. U. Kellogg 372

Dr. Augustin Audrade 372

Francis Wharton 565

Dr. Enrique A. Frimont. .505

Achille Foville, M. D .505

J. E. Mclntyre, Esq .505

Officers for 1888 132,236

For 1889. 346, 3(i2, 524

rKur
±\ ELATION of Menopause to Innan

ity aa

Keceiit JudjciHl Changon In Insanity

< a.scs 139

Buysih. Dr lOtf

Kahiaer, I)r 84

liapr by Boys, by Daniel L. nrii»fi»n. . 1M2

Rer-cnt Legal Dt-cisionH 214. .'i24

HentoJi, A. Wood 2K'.

R«Md..\.P [i\r,

Richanisou, B. Ward

Revista Sperimrntale fli 317. 45M

Medicin Legale iVil

Ru.ssia Wi

RKroitTs , 91

By Clark Bell 91

f'omnuttof on Prize Essays 114

Electrical Ext;cution.. ^•'5, 474

Revision Lunacy Laws 473

Rice, C. A 492

K^UICIDK and Legislation. i>v iMark

Bell, E!<q .' 1

Scientific Study of Inelmate Crimin-
als, by Dr. Crothers .' 44

Spiritualism find Insanity 194

Stephen. Sir -James ." 140, 314

Suicide, Statistics 7. 8. et seq.

O'Dea's Tables 12, 13,18

Brierre, de Boismont 18

Dr. Jeannell 23

Dr. Nagle 28

Somerville, J 154

Should Inebriates be Punished by

Death for Crime 267

Society of Mental Med. of Belgium-. . . 88

Shepard. Dr. C. H ...220

Smith, Stephen 319, 339

Syphillis, Communication of .324

Stewart, Dr. Alexan er 328

Stratton. Morris F **)

Stillm?.n. Dr. Ch;is. F :i.>3

State Board of Charities 4.57

Sexual Causes of Insanity 468.491)

South America Wi

Spain 3S:S

Series 1 Med. Leg. Papers 472

Superintendents of Asylunis 46.3

1 RANS ACTIONS Medico- Legal So

ciety 82, 218, 329. 474. 476

Thwing, Prof. L. P 89 2.82

Tucker, Dr 206. .3:10, 322

Testamentary Capacity 2.*<.'i

Toxicological ~17

Tests of Responsibility 103. 21VI. SU

Titles of Papers for Congress — 471

Thomas, Mrs — .- 498

V IRGINIA, Insane in 209

Vice-Presidents Elected 3»4, *I6

WhIGHT, T. L., M.D 54

Wines. Dr Ctl9

Whitechapel Murders 210

West Va . Insane in 809

Webber Murder Case S48

Wigmore. .John II 29«. 3«

Wright, Amelia, M.D 220

Wallace. I). R 81^

Wightwlck. D. Fallon Percy 327

Westcott. Judge 463

Wheeler, S. S "Wi. 484

Wharton, Francis 490

Y KLOWLLKES, DR ?i^

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